QUESTION

What can I do if I haven't heard from my attorney even after repeated email and phone attempts?

Asked on Oct 11th, 2012 on Personal Injury - Colorado
More details to this question:
I signed a contract but I haven't heard from the attorney since May 29th! Even after repeated email and phone attempts.
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18 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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You have a couple of options about dealing with your attorney who has not responded to your repeated emails and phone calls. Here are a couple of options, not in any particular order: (1) Contact the attorney's assistant and ask why you have not heard back from your attorney. It is possible that your attorney has not received your messages. (2) You can send one last email or, preferably, a letter, indicating that unless you hear back from the attorney in a reasonable amount of time, such as 14 days, then you will be discharging him or her and hiring a new attorney. (3) If your attorney is an associate or a low-level partner in a law firm, you could try talking to the owner of the law firm or managing partner. He or she might either be able to get the attorney to communicate with you or assign a different attorney to handle your case. (4) You can discharge your attorney now and find another attorney to represent you. Clients in civil cases, such as an automobile accident, can discharge their attorney any reason they want. If a lawsuit is on file, the attorney would have to ask the Judge to be permitted to withdraw from your case. Depending on the contract you signed with the attorney as well as what, if anything, he or she has done, the attorney might be entitled to money for his or her time, costs and expenses. (5) You can contact the Nebraska Counsel for Discipline and report the attorney for failing to respond to your attempts to communicate with him or her. This option would likely cause your attorney to withdraw from representing you. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Oct 23rd, 2012 at 7:34 AM

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John J. Carney
I have always returned every call from a client the same day, and that is what you deserve. If a lawyer does not return your calls it is a clear sign that he is not on top of your case and does not care about it or his reputation. I would send him am email and leave a message at his office that you want your retainer back unless he returns your calls. Have him give you an explanation why he did not return your calls. If you are not satisfied retain another lawyer unless he has taken more than a thousand and has not agreed to return at least half.
Answered on Oct 14th, 2012 at 6:10 PM

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Debt Collection Attorney serving Fresno, CA at Nunes Law, Inc.
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Meet with another attorney to discuss your case.
Answered on Oct 14th, 2012 at 3:30 PM

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Ronald A. Steinberg
Contact the attorney grievance commission. Then, go to the office and demand that you be given your file so you can hire another lawyer. In the alternative, hire another lawyer, and let the new lawyer contact the old guy and demand the file. In either event, file a grievance- that is totally unacceptable behavior.
Answered on Oct 12th, 2012 at 10:42 PM

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If a personal visit to the office is possible, I would try that first. Second, you can check with the California Bar website to see if you still have current contact information for the attorney. That said, You can terminate the attorney's services in writing. A failure to respond by an attorney is a breach of the obligations the attorney has to you.
Answered on Oct 12th, 2012 at 10:41 PM

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Dennis P. Mikko
You may want to go to his/her office and attempt to make contact. If you still don't hear anything, you might assume that the attorney does not want to represent you and find another attorney. The attorney's conduct may rise to the level of professional misconduct which you could report to the state bar association or attorney grievance commission.
Answered on Oct 12th, 2012 at 10:40 PM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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Send him a letter saying he is fired and demanding that he return your complete file, then hire new counsel. You may have to hire new counsel first in order to motivate the old counsel.
Answered on Oct 12th, 2012 at 10:40 PM

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Environmental Law Attorney serving Auburn, CA
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Contact the state bar association and file a complaint.
Answered on Oct 12th, 2012 at 10:39 PM

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You can ask that attorney to stop working on your case and return all file materials to you. Under the law that attorney can seek a line for the work he or she has already done but if you believe you have been abandoned by that attorney you can fight the lien. You can also simply call another attorney and see if any other attorney has an interest in your case. If you hire a new attorney the new attorney will send a letter to your old attorney and obtain your file materials.
Answered on Oct 12th, 2012 at 10:39 PM

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Lisa Hurtado McDonnell
Find another attorney and the new attorney will notify your first attorney that you want new representation and ask them to turn over your files.
Answered on Oct 12th, 2012 at 10:36 PM

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Thomas Edward Gates
Contact the State Bar Association and file a complaint.
Answered on Oct 12th, 2012 at 10:36 PM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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Your answer is obvious, get a new attorney.
Answered on Oct 12th, 2012 at 10:36 PM

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Personal Injury Attorney serving North Wales, PA
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You should fire the attorney and hire one that returns your calls. You have the right to get out of the contract.
Answered on Oct 12th, 2012 at 10:35 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Send him an e-mail that if you haven't heard from him within 48 hours that you're going to discharge him and seek representation elsewhere. The #1 grievance against lawyers is failing to maintain contact with clients, and return their phone calls.
Answered on Oct 12th, 2012 at 10:34 PM

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Go to his/her office.
Answered on Oct 12th, 2012 at 10:32 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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Check state bar website re his/her practice status.
Answered on Oct 12th, 2012 at 10:32 PM

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Steven D. Dunnings
Hire a new attorney and file a grievance against your current attorney with the State Bar This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Answered on Oct 12th, 2012 at 10:30 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Find another attorney. Write him and tell him he is fired.
Answered on Oct 12th, 2012 at 10:29 PM

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