| WHAT TO DO IF YOUR LAWYER DOES NOT SATISFY YOU
Expectations About Your Lawyer
When you agree to hire a lawyer and that lawyer agrees to be your
legal representative, a
two-way relationship begins in which you both have the same goal--to
reach a satisfactory
resolution to a legal matter. To reach this end, each of you must
act responsibly toward the
other. In a lawyer/client relationship, acting responsibly involves
duties on both sides--and
often involves some hard work.
You have a right to expect competent representation from your lawyer.
However,
every lawsuit has at least two sides. You cannot always blame your
lawyer if your case does
not turn out the way you thought it would. If you are unhappy with
your lawyer, it is
important to determine the reasons. If, after a realistic look, you
still believe that you have a
genuine complaint about your legal representation, there are several
things you can do. The
accompanying questions and answers discuss your alternatives. |
Q. I lost my case, and I still had to pay my lawyer's bill along
with costs and expenses. I am not very happy with my lawyer. What can
I do?
A. First, talk with your lawyer. A lack of communication causes
many problems. If your
lawyer appears to have acted improperly, or did not do something that
you think he or she
should have done, talk with your lawyer about it. You may be satisfied
once you understand
the circumstances better.
Q. I have tried to talk with my lawyer. However, my lawyer will
not discuss it. Do I
have any alternatives?
A. Yes. If your lawyer is unwilling to discuss your complaints,
consider taking your legal
affairs to another lawyer. You decide whom to hire (and fire) as your
lawyer. When you fire
a lawyer, you may be charged a reasonable amount for the work already
done. Most
documents relating to the case are yours--ask for them. In some states,
however, a lawyer
may have some rights to a file until the client pays a reasonable amount
for work done on the
case.
Q. What if I feel that my lawyer has acted unethically?
A. How a lawyer should act, in both professional and private
life, is controlled by the rules
of professional conduct in the state or states where he or she is licensed
to practice. These
rules are usually by the state supreme court through its disciplinary
board.
These codes consist of rules that describe generally how lawyers should
strive to
improve the legal profession and uphold the laws. They also give more
detailed rules of
conduct for specific situations (see below). If a lawyer's conduct falls
below the standards set
out in the codes, he or she can be disciplined by being "censured"
or "reprimanded" (publicly
or privately criticized), "suspended" (having the license to
practice law taken away for a
certain time), or "disbarred" (having the law license taken
away indefinitely).
The law sets out punishments for anyone who breaks civil and criminal
laws, and
that includes lawyers. But because of the special position of trust and
confidence involved in
a lawyer/client relationship, lawyers may also be punished for things
which are not unlawful-
-such as telling others confidential information about a client or representing
clients whose
interests are in conflict.
Q. What are some specific examples of the ethical duties of lawyers?
A. Among the highest responsibilities a lawyer has is his or
her obligation to a client. A
number of strict rules and common sense guidelines define these responsibilities.
• Competence. This requires the lawyer's ability to analyze legal
issues; research and study
changing laws and legal trends; and otherwise represent the client effectively
and
professionally.
• Following the client's decisions. A lawyer should advise a client
of possible actions to be
taken in a case and then act according to the client's choice of action--even
if the lawyer
might have picked a different route. One of the few exceptions is a client
asking for a
lawyer's help in doing something illegal such as lying in court or in
a legal document. In
these cases, the lawyer is required to inform the client of the legal
effect of any planned
wrongdoing and refuse to assist with it.
• Diligence. Every lawyer must act carefully and in a timely manner
in handling a client's
legal problem. Unnecessary delays can often damage a case. If, because
of overwork or
any other reason, a lawyer is unable to spend the required time and energy
on a case, the
lawyer should refuse from the beginning to take the case.
• Communication. A lawyer must be able to communicate effectively
with a client. When
a client asks for an explanation, the lawyer must provide it within a
reasonable time. A
lawyer must inform a client about changes in a case caused by time and
circumstances.
• Fees. The amount the lawyer charges for legal work must be reasonable,
and the client
should be told the specifics of all charges.
• Confidentiality. With few exceptions, a lawyer may generally not
tell anyone else what a
client reveals about a case. The reason for this strict rule is to enable
a client to discuss
case details openly and honestly with a lawyer, even if those details
reveal embarrassing
or damaging information about the client. A rule called the "attorney/client
privilege"
helps protect confidential information from being disclosed. Ask your
lawyer to explain
the privilege to you.
• Conflicts of interest. A lawyer must be loyal to his or her client.
This means that a lawyer
cannot represent two clients who are on opposite sides in the same or
related lawsuits
unless both clients give permission. And ordinarily, there can be no representation
of a
client whose interests would conflict with the lawyer's interests. For
example, a lawyer
may not be involved in writing a will for a client who leaves the lawyer
money or
property in that will.
• Keeping clients' property. If a lawyer is holding a client's money
or property, it must be
kept safely and separately from the lawyer's own funds and belongings.
When a client
asks for the property, the lawyer must return it immediately and in good
condition. The
lawyer must also keep careful records of money received for a client and,
if asked, report
that amount promptly and accurately.
A Client's Responsibilities
As in any successful relationship, a good lawyer/client relationship
involves cooperation on
both sides. As a client, you should do all you can to make sure you
get the best possible legal
help. This includes:
• Being honest. Be honest in telling
all the facts to your lawyer. Remind yourself of
important points or questions by writing them down before talking
with your lawyer.
• Notifying the lawyer of changes. Tell
the lawyer promptly about any changes or new
information you learn which may affect your case. This responsibility
is a broad one and
covers things from a change of your address or telephone number to
letting your lawyer
know if and why you are unhappy with his or her work.
•
Asking for clarification. If you have any questions or are confused
about something in
your case, ask the lawyer for an explanation. This may go a long way
toward putting
your mind at ease--and will also help your lawyer do a better job
of handling your case.
• Being realistic. A lawyer can only
handle your legal affairs. You may need the help of
another professional--banker, family counselor, accountant, or psychologist,
for
example--for problems that have no "legal" solution. After
you have hired a lawyer you
trust, do not forget about that trust. The lawyer's judgments are
based on experience and
training. Also, keep in mind that most legal matters cannot be resolved
overnight. Give
the system time to work.
• Paying. A client has the duty
to promptly pay a fair and reasonable price for legal
services. In fact, when a client fails to pay, in some situations
the lawyer may have the
right to stop working on the case. Still, the lawyer must then do
whatever is reasonably
possible to prevent the client's case from being harmed. |
Q. I am upset with the way my lawyer handled my case. Can I file
a complaint?
A. Yes. As noted above, lawyers can be disciplined for violating
ethical guidelines.
Q. Where can I file a complaint against my lawyer?
A. If you believe you have a valid complaint about how your lawyer
has handled your case,
inform the organization that grants or withholds licenses to practice
law in your state.
Usually this is the disciplinary board of the state supreme court. You'll
find it under the
government listings for your state. You can also obtain its location from
the local bar
association. Or access www.abanet.org/cpr/disciplinary.html for a listing
of lawyer
disciplinary agencies.
In some states, the state bar association handles lawyer discipline. The
board or the bar
will either investigate the complaint or refer you to someone who can
help. If your complaint
concerns the amount your lawyer charged, you may be referred to a state
or local bar
association's fee arbitration service.
Making a complaint of this sort may punish the lawyer for misconduct,
but it will
probably not help you recover any money. Filing a disciplinary complaint
accusing your
lawyer of unethical conduct is a serious matter to the lawyer. Try to
resolve any differences
or disputes directly with the lawyer before filing a complaint.
If you have a case pending that your lawyer has mishandled, be sure to
also protect
your rights by taking steps to see that your case is now properly handled.
Q. Then how can I get money to compensate me for my lawyer's
misconduct?
A. You will have to file a malpractice suit against your lawyer.
The discussion on medical
malpractice in the "Personal Injury" chapter will provide useful
information on malpractice
in general.
You may also have the right to receive compensation from a client security
fund (see
below).
Q. My lawyer settled my case out of court and refuses to pay
me my share of the
settlement. What can I do about it?
A. If you believe that your lawyer has taken or improperly kept
money or property that
belongs to you, contact the state (or sometimes, local) "client security
fund," "client
indemnity fund" or "client assistance fund." The state
or local bar association or the state
supreme court disciplinary board can tell you how to contact the fund
that serves you. Under
any name, these funds may reimburse clients if a court has found that
their lawyer has
defrauded them. Lawyers pay fees to maintain such funds.
Q. If I am having a problem with my lawyer, is there any reason
that I would want to
call the police?
A. Yes. If you believe that your lawyer has committed a crime
such as stealing your money
or property, you should report that crime to the police. This is a last
resort that should be
taken only when you feel certain of your position. However, if you are
certain, do not feel
intimidated because your complaint is against a lawyer.
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