What You Should Expect From Your Lawyer

 

If you’re dissatisfied with your lawyer, this article will help you determine whether your complaints are reasonable.

 

Most problems that people have with their lawyers fall into four categories: communication problems, competence problems, ethical problems, and fee problems. It’s rare, however, that clients have just one problem — usually, problems spill over into two or more categories.

 

Here are some basic rules on what you have a right to expect from your lawyer in each of these areas.

 

Communication

Communication problems can cause you to think you have a bad lawyer when you don’t, or that your lawyer is doing a bad job when she isn’t.

 

Your lawyer should give you a basic description of your legal matter and let you know what problems to expect, how they’ll be handled, and when things will happen. And of course, your lawyer should promptly return phone calls and answer your questions — basic courtesies that many lawyers commonly ignore because they are so busy.

 

Competence

It’s a big shock to most people that there is no guarantee of competence when you hire a lawyer. Sure, all lawyers have passed a bar exam, but one test, given at the very beginning of a lawyer’s career, isn’t all that significant. And if you complain to a bar association that your lawyer is incompetent, all you are likely to get in return is a shrug. Bar associations go after lawyers who steal or violate specific ethical rules — not lawyers who just aren’t very good.

 

If, however, your lawyer makes a mistake in handling your legal matter that no reasonable attorney would have made and you lost money because of it, it is called malpractice, and you can sue. The mistake can be a failure to do something, such as not filing a lawsuit on time, or doing something the lawyer should not have done, such as representing a business in bankruptcy while representing an investor negotiating to buy the business. Malpractice suits, unfortunately, are expensive to bring and tough to win.

 

Ethics

Each state has ethical laws that bind lawyers. Commonly, these rules require lawyers to:

 

represent their clients with undivided loyalty

keep their clients’ confidences

represent their clients competently

represent their clients within the bounds of the law, and

put their clients’ interests ahead of their own.

Each state has a lawyer discipline agency that is supposed to enforce these rules. If a lawyer violates a rule, the agency can impose monetary fines, require the lawyer to make restitution (such as pay back stolen money), suspend a lawyer’s license to practice law for a while, or disbar the attorney. disbarment, however, is exceedingly rare, and is usually reserved for lawyers with a long record of stealing from clients.

 

Reasonable Fees

Lawyers’ bills, unsurprisingly, are one of the most common areas of contention with clients. Most complaints sound like one of the following:

 

My bill is too high, and it’s not what we agreed to.

My bill isn’t itemized. I have no idea what my lawyer claims to have done to earn it, and she won’t discuss it with me.

My attorney did a terrible job, and I don’t want to pay a big bill.

My attorney billed me top dollar for her time when I know a paralegal did most of the work.

My attorney padded his bill — he billed me 30 minutes for every two-minute phone call, even when I called to protest earlier overbilling.

When you hire a lawyer, make sure that your fee agreement is in writing. That’s the law in some states, and it’s always a good idea. The agreement should specify how often you will be billed and should obligate the lawyer to provide an itemized statement. If you’ve agreed to pay your lawyer a contingency fee (the lawyer collects only if you win), be sure you know exactly how the fee is calculated and who pays for costs that arise while the lawsuit is in progress.

 

OBLIGATIONS OF LAWYERS AND CLIENTS

 

Your lawyer should:

 

acknowledge that you are in charge

tell you what to expect

explain when things should happen

tell you what’s important in your case

estimate what things will cost

help you analyze the cost-effectiveness of various strategies

explain delays or date changes

explain what your case is worth

explain the risks of going to trial versus settling

prepare you for your deposition, and

prepare you for your trial.

 

You should:

 

follow through on what you agree to do

prepare a written summary and chronology of events

tell your lawyer everything

understand that your lawyer has a duty to keep whatever you say confidential

inform your lawyer of new developments

respect your lawyer’s time and schedule

provide requested information promptly

let your lawyer know if you’ll be unavailable

help with research and leg work that doesn’t require legal training

pay your bills, and

not expect your lawyer to be your friend.

 

IF YOU’RE DISSATISFIED WITH THE LEVEL OF REPRESENTATION THAT YOU ARE RECEIVING PLEASE CALL US FOR A FREE CONSULTATION. Call (855) 645-3782

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