Competence. An attorney must be competent in the area(s) of law required to represent each client. If a lawyer does not possess the knowledge or skills required to represent you, he or she should not take your case or should retain competent co-counsel. Diligence. Lawyers are required to represent each client with reasonable diligence. [2] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source Reasonable diligence means that the attorney must represent you in spite of personal inconvenience. In fact, the attorney is required to manage his caseload so that he can address your matter competently. [3] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source Confidentiality. Certain confidential information you give to your attorney should be kept confidential. Not all information is confidential, however, and there are exceptions to the general rule of confidentiality. [4] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source Nevertheless, if your attorney shares information about your case with a third party (such as a spouse or friend), then you should be alarmed. Avoiding conflicts of interest. A lawyer may not represent parties with conflicting interests without written consent from all parties. This written consent must indicate awareness of the conflict and include an express waiver of the party’s right to an attorney without a conflict. [5] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source Safeguarding property. Any property transferred to an attorney must be kept in a safe place, separate from his or her own. This includes funds, which should be kept in separate trust fund accounts. [6] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
You should not see any charges for clerical support or any unannounced increases in hourly billing. [7] X Research source Your bill should be itemized. It should specify what task was performed and how long it took. Multiple tasks should not be lumped together under vague headings like “work on case. ” If your bill is not itemized, request that it be done. [8] X Research source Also look at your engagement letter, which you should have signed at the start of the representation. The engagement letter should have spelled out in detail what type of work would be billed and the hourly rate charged.
Also assess the quality of the communication. Do you feel comfortable talking to your attorney? Do you trust her judgment, or do you find her evasive? Your attorney should inspire confidence but should also acknowledge when she doesn’t know something. Think about how well you understand your case. Even the busiest attorney should have taken the time to explain the case to you whenever you request it. [10] X Research source You should understand where you are in the litigation: at the pleading stage, at the discovery stage, preparing for trial, etc.
Continuances without explanation. If hearings and/or depositions are being rescheduled for later dates without any explanation from your attorney, you may want to consider finding an attorney who is more interested in defending your case. [11] X Research source Missed due dates. If you receive a notice from the court or a letter from the other party informing you that your attorney has missed a due date, there may be a problem. While lawyers do make mistakes, missing a due date can have a serious negative effect on the outcome of your case. Arriving late or unprepared for hearings. Does your attorney arrive at hearings or depositions on time and prepared? If he is frequently running late, or appears to be phoning it in, then it may be time to find a replacement.
If you have a public defender, then you should call the public defender’s office. Don’t wait to schedule the meeting. It is wiser to raise concerns, especially over billing, sooner rather than later. [12] X Research source
Use a highlighter to flag any items on a bill that concern you. Also highlight the portion of the engagement letter that you think the attorney has violated.
Listen objectively to your attorney’s explanations. Sometimes innocent errors do occur. Perhaps a clerical staff member entered a wrong billing code, or perhaps the lawyer suffered a recent health scare and did not have time to respond to your calls. If you are not yet ready to change lawyers, then ask your current attorney at the meeting how he plans to remedy the problem. Will he reduce your bill? Will he promise to respond to telephone calls within one business day?
Keep a copy of the letter for yourself. If you ever have to file an ethics complaint or bring a malpractice claim, then this letter may be helpful. The letter may also be useful when you terminate the representation.
Call or visit the clerk’s office to find out what the rules are concerning changing attorneys and then plan to switch at a time when the court is likely to allow it.
Find a lawyer in the same manner that you found your current one. If you gathered referrals from friends and co-workers, then pull out the list of names. If you searched through a bar referral list, then find it again and look at attorney websites. To prepare for your consultation, summarize your case in a paragraph. In a few sentences, state what the case is about (e. g. , slip-and-fall case at the drug store) and where you are in the litigation process. Bring copies of legal documents to the consultation. Since litigation cases quickly become complex, you can refer to the documents to answer questions about where the case stands. (For example, whether the defendant has filed a summary judgment motion. ) Be prepared to talk openly about what you did not like about your current lawyer.
If you met with the attorney before to discuss your concerns, attach a copy of the follow-up letter you sent. This will remind the attorney that you have already met to discuss the issues.
Check with the court clerk whether the court has a form motion you can fill out. There should be one: attorney substitution is a common procedure, and courthouses often have “fill in the blank” forms for common motions. Here is an example. You can include the motion in your letter terminating the relationship with your prior attorney. Be sure to ask that he sign the motion and return it to you. Alternately, you can let your new attorney deal with former counsel. Conversely, some attorneys may have to file a petition to withdraw. Generally, the attorney only needs to do this if he ends the relationship. However, it could be used in this situation as well.
Your new attorney should also send notice to all of the other parties in the litigation informing them that you have new counsel.
State laws may differ as to how they define “the file” and what you are entitled to. In California, “the file” includes “the client paper and property” including “any items reasonably necessary to the client’s representation. ” Depending on your state, you may have to pay for the cost of copying the file. In New York, you do. In Texas, however, an attorney cannot charge copying fees. [17] X Research source
Conversely, you may have to pay the balance on your bill. Your former attorney cannot refuse to turn over your file for failure to pay your bill. However, he could certainly sue you for the unpaid balance. Accordingly, you should work with the attorney to settle your accounts.
