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What if my lawyer won’t act on my behalf?6 Nov 2016

During a heated legal battle, you depend on your attorney to help you during this difficult time. In some cases, you may feel that your attorney is not doing all they can for you or your case. If you find yourself in this type of situation, then you have some things to consider. First, remember that you are the person that hires the attorney, and you have the right to fire them too. If you don’t like how they are handling your case, you do have options to consider.

Settling Grievances With Your Lawyer

First, you need to make your voice heard to your attorney. Whatever your problems are with the lawyer, make sure to talk to them as open and honest as possible. If you have a hard time talking in person, document everything in an email or letter. There may be a specific reason why your attorney has not done something you think should be done. For instance, if you are in a divorce case, they may not want to show all their cards at once. These cases take time and it is all about strategy. Therefore, you need to make sure that you and the attorney are on the same pace regarding your case plan. If after the meeting, you still don’t feel settled about your case, then you can proceed to another step.

Firing Your Attorney

Firing an attorney is something that should be done very carefully. First, you must ask the attorney to withdrawal themselves as the attorney of record from your case. Usually, there is no problem getting an attorney off your case and another one put added. However, the attorney must petition the court to be removed as the attorney of record. A judge does have the right to refuse the request, but it can happen.

Now, keep in mind that the other party may see this as a risky move, especially if you are in a heated battle. Switching attorneys can make you look vulnerable or make the other side feel they have an advantage on you. You must make sure that you have another attorney who can step right in and take control of the case. In many cases, hiring a more knowledgeable attorney can mean the difference between winning or losing your case. So, if you feel it is the only option you have, make sure you have options lined up.

Reporting an Attorney To The State Bar Association

Some people feel that they have spent hundreds, if not thousands, of dollars on an attorney who did nothing for them. The State Bar Association is over any attorney that practices within the state limits. You cannot just report an attorney because you didn’t get along with them or because you didn’t get the outcome that you had hoped to receive. However, you can report an attorney for offenses that violate the ethical responsibility they have toward you as a client. For instance, if you were billed for the hours that they didn’t work on your case, or they have not upheld the attorney – client privilege, or there is a breach of contract. If you feel that your attorney is not working on your behalf because they are biased toward the others side, you may have a right to get the Bar’s help. The State Bar will receive your complaint, send a copy to the attorney, and they will give them a chance to respond. They will make a ruling. Some offenses are disbarrable and taken seriously.

A way to prevent getting an attorney who is not on your side is to do your homework before hiring counsel. The attorneys at Spodek Law Group P.C. have been around since 1976. We have stood the test of time with our clients. Reviewing a firm’s history online will show you the firm’s reputation among the community. We put much effort into our cases so that our clients get the best possible outcome. Divorce law is what we do. We have offices around the New York State to help you get through this difficult time. If your attorney does not help your case, give us a call.

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