The person representing you is vital to your case, but sometimes your initial decision was the wrong move. What do you do now? The next step is a decision only you can make, but this article will walk you through sound reasoning that will assist you in making the right choice. Know that you are not alone. If you are questioning whether you need to hire someone else, don’t hesitate to set up a consultation with the attorney you have in mind as a replacement and get his or her opinion on the situation.
Is your attorney making mistakes that are prejudicing your case? – Is your attorney doing things or NOT doing things that are going impact you long-term and hurt you in some way? Serious mistakes on your attorney’s part can affect you forever. Here are some of the serious ones to watch out for:
- Missing deadlines for filing motions.
- Forgetting court appearances.
- Completely ignoring communications with you.
- Not having sufficient knowledge or experience to adequately represent you.
- Being dishonest or encouraging you to make misrepresentations to the court either verbally or in writing.
Possible courses of actions with prejudicial mistakes:
- Terminate your relationship with your attorney and find alternative representation.
- In some cases, it may be appropriate to ask for a reduction or refund on your fees.
- If the attorney’s mistakes are particularly egregious, you may feel it is appropriate to report those to the Bar of the State you live in.
- If the attorney you are dissatisfied with is a public defender and not someone you have hired, you can request a different attorney or represent yourself. Be prepared to share with the judge the exact reasons why you are dissatisfied because a bare assertion that the attorney isn’t doing a good job will probably not be specific or factual enough to sway the judge to your point of view.
Are you dissatisfied with your attorney for reasons that may be fixable with communication? – Is your attorney doing things that annoy, bother or frustrate you?
- You don’t feel respected by your attorney.
- You don’t feel that your attorney has thoroughly evaluated the information or evidence you or others have provided.
- You don’t feel your attorney has the right tone with a judge/opposing counsel/prosecutor, and you would like a different tone? (i.e. more or less adversarial, more confident, etc.)
Possible courses of actions where you feel the problems may be fixable with communication:
- Many attorneys respond to facts. Give specific examples of what is bothering you and recommendations on what you feel would be an appropriate resolution.
- In some cases, it may be appropriate for you to request a partial refund on your bill.
- Many attorneys appreciate organized, written communications. Summarize your concerns with your attorney’s performance in writing. Not only does this step help the attorney understand you, but it can also document the problems.
You deserve to have an attorney that you feel confident in and who represents you well. The practice of law is a service business where you are the client, so take charge of the relationship. Work it out if you can or find someone different, but don’t sit back without making informed and thoughtful decisions about your future.
