If you have a feeling your attorney isn’t the best choice for your legal matter, you may want to take a look at the following signs of a bad attorney and consider your options.
Today, we’re taking a look at the five common signs of a bad attorney as well as how to find a new one.
5 Signs of a Bad Attorney
You decided you needed a new attorney, and you thought you found a good one. Maybe he or she was recommended by a friend. Or maybe you replied to an ad you saw. You thought a lawyer would represent you conscientiously and thoroughly and take the burden of worry off your shoulders. But lately, you’ve been having second thoughts. Things are not going as smoothly as you had hoped and perhaps it’s time to consider a new attorney. At what point should you consider making a change?
What are some of the signs that say it’s time to find a new attorney? We’ve listed five of the most common signs in this article.
1. Your calls are not being returned
You probably worry about a lot of things when you have a legal problem. You have questions for your attorney, and you seek advice on how things are going and what else needs to be done.
In the beginning, you called your attorney often, and you always got a prompt response in a timely manner – from the attorney or from a legal assistant.
But recently, it seems as though the responses have been taking longer. In fact, some calls have not been returned at all.
You should probably expect calls to be returned within 48 hours – as long as your calls are reasonable and not made every day or even several times a week.
You should respect a lawyer’s time as much as he or she should respect yours.
It gets frustrating and takes more of your time when you feel the need to keep calling because you aren’t sure if your lawyer got your message. You don’t want to believe there may have been a change in priorities at the legal office, and you might now be lower on the legal “totem pole.”
Not having your calls returned is a definite sign of some change in loyalties or importance and at the very least is a sign of poor service and disrespect of you as a client.
It’s time to consider a new lawyer.
2.You are asked to repeat a task already done
There could be many documents involved in a legal case. Your lawyer asked you to fill out a number of forms. You did this responsibly.
But a couple of days ago, your lawyer did call you this time – but to ask you to fill out the same forms. Why are you being asked the same thing?
Did your lawyer lose the documents? Were they put in the wrong folder? Did a legal assistant misplace them?
Asking you to submit documents a second time is a bad sign. Your attorney should be very organized and on top of all the issues you face. Your documents should be in order and in one place so both you and your attorney can access them as needed.
If your attorney is disorganized like this, it is time to consider finding a new lawyer.
3. Your attorney is asking for court extensions
Sometimes a court extension is needed to get more information for your case or for some other reason that is in your best interests. This is understandable and acceptable. You want your attorney working for your best interests.
But lately, you find that your case is being delayed or extended for some reason beyond your understanding. It seems like your attorney didn’t get something done, and you were surprised that he or she asked for a court extension.
This unforeseen delay is inconvenient for you and may actually affect your case adversely. If you see this happening at all, getting a new attorney should be taken into consideration.
4. Deadlines are missed
A court is a busy place and the judge has deadlines. Your attorney is responsible for meeting those deadlines so you should fully expect accountability.
But you may start getting notices that a deadline (or two) has been missed. This does – and should – worry you.
If a deadline is being approached, and for some legitimate reason you or your lawyer have a problem, this would be a good time to ask for an extension.
But if your lawyer fails to do so, and you do miss a deadline, you could be in trouble. It is even possible that your case will be dismissed for lack of activity.
You should know what the deadlines are, and make sure your lawyer is prepared to meet them. When you see deadlines approaching without activity, it’s a sign that you need a more effective attorney.
5. Documents are missing or wrong
As mentioned earlier, there can be many documents involved with court cases. And also as mentioned, there are deadlines to be met, and documents need to be filed on time.
And the documents need to be accurate. Sometimes a lawyer will say “I thought you filled it out.” This should be a warning sign to you.
One reason documents are not filed on time is that they are missing. If your attorney’s office notifies you that a document is missing because it may have been misplaced, and you are asked to submit another one – you are not happy.
That is a bad sign all by itself. But what is worse than losing a document is not telling anyone. Missing documents can lead to an adverse outcome for you in court.
Missing documents mean that your attorney is sloppy, irresponsible, or uninterested. Any of these means it’s time for a new attorney.
Your attorney should always put you first. You need to have confidence in your relationship and in the professionalism of your attorney. If you see any changes along the way like those mentioned above, it’s time to move on.
How to Find A New Attorney
What should you do next?
You see a problem developing in your court preparations. What should you do about it? First of all, you should bring your concerns to the attention of your attorney. In a calm manner, discuss what’s bothering you. This alone may get the attention you need and get things back on course.
There may be legitimate reasons for your lawyer’s inattention including health or family issues. But there may be unacceptable reasons, too, like alcoholism.
Research has shown that about 60 percent of lawyer discipline prosecutions have involved alcoholism.
But there may be other factors like a clogged court system that is backing up cases and causing delays. Or there may be uncooperative third parties your lawyer is dealing with.
In most cases, you have a right to appoint a new attorney, even after your case has started.
If you decide to get a new lawyer, do so before firing your current one. The judge may want you to always have a lawyer once your case has started.
In hiring a new lawyer, seek an attorney referral service to make sure the lawyer is qualified, certified, experienced, and has a good reputation.
