How to Know when to Fire Your Lawyer San Rafael CA

Steps

1. Consider how the lawyer is making you feel. If you do not feel able to get your point across without your lawyer giving the impression that he or she is not actively listening and responding to your wishes, you might have a problem on your hands. Sometimes, the following concerns might arise:
   • Your lawyer is behaving without consideration for your concerns, needs and interests. Nobody wants to pay hard earned money to someone who is acting as if they know everything and keep you at arm's length. As the client, it?s your right to have the lawyer take on board all the things that concern you. In turn, you have a duty to listen to what is, and what is not, actionable and reasonable. If you still can't come to a meeting of minds, it might be time to find a different lawyer.
   • Your lawyer sat there silently as you confessed. If you?re being interrogated by the cops, your lawyer shouldn?t let you talk freely. What you say will be used against you. After talking with your lawyer, you might decide together to talk. But if he doesn?t even consult you first, get a new lawyer and do not proceed with the interview unless you have had an opportunity to talk with a lawyer first.
   • Your lawyer doesn?t listen to your goals. Attorneys plan the tactical strategy of your case. But your lawyer is ethically bound to follow your goals, assuming they?re legal and ethical. If you want to plead ?not guilty,? your lawyer must go along with you. Your lawyer can try to dissuade you, but can?t go against your overall goal.
2. Ensure that any property involved is well cared for. If your lawyer didn?t properly care for your property, find someone else. Lawyers have an ethical obligation to properly care for your property. If you entrust something to your attorney, and your lawyer doesn?t take care of it, he or she can be disciplined by the state or national bar.
3. Find another lawyer if your current lawyer is acting unethically. Lawyers must act ethically - this is a key underpinning of being a part of the legal profession and most lawyers hold this dear to their heart. If you have struck the odd one who has strayed from this core value, it is time to find one who will uphold it. Some things to consider:
   • Your lawyer deposited an advance payment with their general funds. Your lawyer must properly account for money that you pay to him or her. If you pay your lawyer a ?retainer,? that is a payment to ensure your lawyer's future availability. A lawyer earns that when he or she agrees to be available to you. But if you pay your lawyer an ?advance,? that money must be deposited separately. Any fees you incur must be taken out of the advance, since the lawyer only earns that money as he or she does work for you. If your lawyer runs off with an ?advance,? that?s stealing.
   • Your lawyer didn?t notify you of a settlement offer. Generally, lawyers are ethically bound to notify you of every settlement offer, even if it?s laughable. It is your decision whether or not to accept it. If you find out that your attorney turned down a settlement offer without telling you, show him the door!
   • Your lawyer's interests conflict with yours. Conflicts of interests are complicated. But a simple version is that your lawyer can?t represent people on opposite sides of the same legal matter. There are lots more rules and plenty of exceptions, but be cautious. If you are asked to sign any kind of conflicts waiver, read it, ask questions, and understand it before you sign. Or don't sign it at all and seek second advice.
   • Your lawyer waived your grounds for appeal. Very few cases have an automatic right to an appeal. It?s important that the first run is done correctly to preserve the possibility of appeal. This typically means your attorney must object to errors and make sure they are noted on the record. If you lose and you have no appeal preserved, find a new lawyer for future matters.
4. Be careful of a lawyer who sells a one-size-fits-all form. Very few legal matters can be solved by filling in the blanks. A simple house purchase might, but not much else. If your attorney doesn?t do proper research and spend the time to get your case right, your lawyer is not doing the best by you.
5. Do not hesitate to release your lawyer if you discover you don't actually have a lawyer. Although uncommon, there are some unscrupulous people who put themselves out there as lawyers when they are not qualified or have been disbarred and cannot practice as a lawyer. It is against the law for someone to practice law without a license. It?s called the ?unauthorized practice of law.? If somebody holds himself out to be an attorney or lawyer and isn?t actually a current member of the bar, that is illegal. Fire such a person as nobody wants to be represented by an impersonator.

Tips

• These rules and suggestions may vary from jurisdiction to jurisdiction, either regionally or nationally. Check with your local law society or other body that regulates the legal profession before making up your mind. Those in a position of regulating the legal profession should be able to give you sound advice on how to proceed and whether or not there is actually a problem.
• Keep in mind that most lawyers are acting in your best interests. They have professional peer status to maintain as well as ensuring your satisfaction with the outcome. Few laywers will risk the reputational damage arising from not doing the right thing by you; achieving justice is a key motivator of a good lawyer.

Warnings

• If your lawyer hits on you, that's not a good sign (no matter how good it might make you feel). Lawyers are ethically required not to enter into sexual relationships with clients. They're not supposed to get involved with your spouse, either, so if that happens, by any chance, there are negative consequences for the lawyer.

Sources and Citations

• http://www.legalandrew.com/ - Shared by Creative Commons license.

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