Difference between revisions of "Know when to Fire Your Lawyer"
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== Steps == | == Steps == | ||
===Uncovering Ethics Violations=== | ===Uncovering Ethics Violations=== | ||
| − | #Study the attorney rules for professional conduct. If your lawyer acts unethically, you may wish to report him or her to your state’s disciplinary commission. Unethical behavior is also grounds for firing an attorney. One of the most important ethics requirements is to maintain your confidentiality; your attorney may not share your communications with third parties. <ref>http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information.html</ref> | + | #Study the attorney rules for professional conduct. If your lawyer acts unethically, you may wish to report him or her to your state’s disciplinary commission. Unethical behavior is also grounds for firing an attorney. One of the most important ethics requirements is to maintain your confidentiality; your attorney may not share your communications with third parties. <ref name="rf1">http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information.html</ref> |
| − | #Ask if an offer has been made by the other party. A lawyer has an obligation to inform clients of the existence and availability of alternative resolution procedures. These include any and all settlement offers and plea agreements. Turning down an offer, without consulting you to make the final call, is unethical as well.<ref>http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_2_scope_of_representation_allocation_of_authority_between_client_lawyer.html</ref> | + | #Ask if an offer has been made by the other party. A lawyer has an obligation to inform clients of the existence and availability of alternative resolution procedures. These include any and all settlement offers and plea agreements. Turning down an offer, without consulting you to make the final call, is unethical as well.<ref name="rf2">http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_2_scope_of_representation_allocation_of_authority_between_client_lawyer.html</ref> |
#Research if your attorney has represented the other party. Go online and type in the name of your attorney and the name of the other party. If your attorney has represented the other party before, there may be a conflict of interest. | #Research if your attorney has represented the other party. Go online and type in the name of your attorney and the name of the other party. If your attorney has represented the other party before, there may be a conflict of interest. | ||
| − | #*However, if both parties are made aware of the conflict and give written consent, then the attorney may continue to represent both clients.<ref>http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients.html</ref> | + | #*However, if both parties are made aware of the conflict and give written consent, then the attorney may continue to represent both clients.<ref name="rf3">http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients.html</ref> |
| − | #Avoid forming a personal relationship with your attorney. Romances and sexual relationships are not only extremely inappropriate, it is unethical and against the Rules of Professional Conduct. If your attorney attempts to form a romantic relationship, you should report him to the ethics board. <ref>http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_8_current_clients_specific_rules.html</ref> | + | #Avoid forming a personal relationship with your attorney. Romances and sexual relationships are not only extremely inappropriate, it is unethical and against the Rules of Professional Conduct. If your attorney attempts to form a romantic relationship, you should report him to the ethics board. <ref name="rf4">http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_8_current_clients_specific_rules.html</ref> |
| − | #Request proof that your property has been kept separate from your lawyer’s property. A lawyer must keep your personal property separate from his or her own property and return said personal property anytime you demand it returned. This includes money not yet earned, which must be kept in a trust or escrow account.<ref>http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_15_safekeeping_property.html</ref>Your attorney should be willing and able to provide proof that your money is in a trust account. | + | #Request proof that your property has been kept separate from your lawyer’s property. A lawyer must keep your personal property separate from his or her own property and return said personal property anytime you demand it returned. This includes money not yet earned, which must be kept in a trust or escrow account.<ref name="rf5">http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_15_safekeeping_property.html</ref>Your attorney should be willing and able to provide proof that your money is in a trust account. |
===Checking Your Bill=== | ===Checking Your Bill=== | ||
#Look over your bill. The fee a lawyer charges should not be excessive or unreasonable. In determining whether a fee is excessive, you should consider the time and labor involved, as well as the customary fee for similar services in the same area by attorneys with equivalent experience. To determine if you have been overcharged: | #Look over your bill. The fee a lawyer charges should not be excessive or unreasonable. In determining whether a fee is excessive, you should consider the time and labor involved, as well as the customary fee for similar services in the same area by attorneys with equivalent experience. To determine if you have been overcharged: | ||
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#Confirm that your lawyer is still acting in your best interest. A lawyer is required to zealously pursue your wishes, within the boundaries of the law. Sometimes, however, a lawyer may stop acting in a client’s best interest. | #Confirm that your lawyer is still acting in your best interest. A lawyer is required to zealously pursue your wishes, within the boundaries of the law. Sometimes, however, a lawyer may stop acting in a client’s best interest. | ||
#Study your pleadings and attorney correspondence. Make sure the relief that your lawyer requests matches what you want. If your lawyer has requested different relief, then he may not be loyal to you. | #Study your pleadings and attorney correspondence. Make sure the relief that your lawyer requests matches what you want. If your lawyer has requested different relief, then he may not be loyal to you. | ||
| − | #*A lawyer does not have to agree with the remedy you are seeking.<ref | + | #*A lawyer does not have to agree with the remedy you are seeking.<ref name="rf2" /> For example, if you are seeking full custody of your children, and the law allows full custody, then the attorney should zealously seek that result for you whether or not she agrees with it. |
#* Nevertheless, your lawyer can only seek remedies that are legally available. If you are seeking full custody but the law requires shared custody, you should not fault your lawyer for not seeking something the law plainly rejects. | #* Nevertheless, your lawyer can only seek remedies that are legally available. If you are seeking full custody but the law requires shared custody, you should not fault your lawyer for not seeking something the law plainly rejects. | ||
#* If you don’t believe the relief you seek is unavailable by law, ask your attorney to show you the statute or court opinion that says that. | #* If you don’t believe the relief you seek is unavailable by law, ask your attorney to show you the statute or court opinion that says that. | ||
| − | #Identify important information not communicated to you. If you see in correspondence from the opposing party information you think is important, confirm that your attorney conveyed this information to you. A lawyer has an obligation to share information with you so that you can make an informed choice. <ref>http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications.html</ref> | + | #Identify important information not communicated to you. If you see in correspondence from the opposing party information you think is important, confirm that your attorney conveyed this information to you. A lawyer has an obligation to share information with you so that you can make an informed choice. <ref name="rf6">http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications.html</ref> |
#*In particular, if the other party agreed to settle the case, then your lawyer should convey that information to you even if he thinks the settlement amount is too low. Whether to settle is your choice, not your lawyer’s. | #*In particular, if the other party agreed to settle the case, then your lawyer should convey that information to you even if he thinks the settlement amount is too low. Whether to settle is your choice, not your lawyer’s. | ||
#Note how long it takes your lawyer to respond to you. About a week is standard for a very busy office, though a couple of days is preferred. If your attorney never responds to your communications, then he is not acting diligently on your behalf. | #Note how long it takes your lawyer to respond to you. About a week is standard for a very busy office, though a couple of days is preferred. If your attorney never responds to your communications, then he is not acting diligently on your behalf. | ||
