Why is my lawyer not fighting for me? Why should I do if my lawyer is not fighting for me? This is a question that you are probably asking yourself right now if battling to resolve a dispute in court and feel that your lawyer does not have your back.
Examples of cases where your lawyer may letting are divorce case, child custody, criminal case, or any other case.
So, if you believe that your lawyer is not doing enough and not fighting for you, you may consider other options.
The last thing you want when resolving a legal dispute has a lawyer who is not doing his or her job properly as agreed.
If you have a lawyer who is not fighting for you and wondering what to do, today you have landed in the right place.
This article will give you a few tips on what to do if you feel your lawyer is not fighting for you.
3 Signs your lawyer is not fighting for you:
1. Lack of communication
When you hire a lawyer, he/she needs to communicate with you regularly to update you about the status of your case. Suppose you cannot get hold of your lawyer, especially after many messages and phone calls that is a clear sign that he is not fighting for you. Although the lawyer can get busy with other cases, he/she should also prioritize your case and communicate with you regularly.
2. Lacks enthusiasm.
A lawyer who cares about you will do everything possible to convince the jury to rule in your favor. If your lawyer was enthusiastic about your case but started losing interest over time, then he/she is no longer fighting for you.
3. Fails to show up in court.
You have hired a lawyer to represent you in court and fight for your interest. If the lawyer skips court proceedings or shows up late without any valid reason, the chances are that he/she has given up on your case. A lawyer who cares about your case should attend all your court proceedings, and if he/she misses, he/she should have a valid reason and communicate with you about his/her absence in advance.
What to do if my lawyer is not fighting for me?
1. Communicate with your lawyer.
Before you take stern action, it is important to first communicate with your lawyer to know why he/she is not fighting for you. The best and most effective way to reach out to your lawyer is by emailing or calling him or her.
Lawyers regularly check their emails, meaning it is doubtful that he/she will miss yours. If the attorney does not respond to your email, you should go a step further and call him/her. If the lawyer does not pick your calls, you use the last communication channel, writing a letter.
The letter should be particular and explain why you think he/she is not fighting for you. You should also state a specific date that you expect to hear from the lawyer.
2. Ask the lawyer to complete a certain task.
Asking your lawyer to complete a certain task can also help you know whether he/she is interested in fighting for you or not.
While going through a court case, there are several tasks that a lawyer needs to complete. Ask the lawyer to complete those tasks within the set deadline. This is like giving your lawyer a second chance.
If the lawyer fails to deliver again, do not hesitate to replace him/her with another competent lawyer.
3. Get your file.
It isn’t easy to know what has and has not been done if you do not get a hold of your file. So, if your lawyer is not fighting for you, ask him/her to give you your file. Your file contains everything about your case, including all correspondence filed with the court.
Getting hold of your file is important, especially if you plan to terminate your contract with the lawyer. Your file has everything about your case, including your court dates, deadlines that need to be met, and much more.
If the lawyer is not responding to your request, go to court and request them to give you a copy of your file.
Getting hold of your file will help you keep track of your case. It will also make it easy for your next lawyer to understand your case.
4. Get a second opinion.
If your lawyer is not fighting for you, it is advised that you seek a second opinion from another trusted lawyer before you make any crucial decision.
A lawyer who is no longer cares about your case may give you a not so well thought advice that may negatively impact your case. So, it is advised that you seek a second opinion from another lawyer you trust before making any crucial decision.
The good thing about seeking a second opinion is that they are relatively inexpensive than hiring another lawyer. Getting a second opinion can also help you determine whether to fire your lawyer or not.
5. Fire the lawyer.
If you have communicated with the lawyer and told him your concerns and the lawyer still ignores them or still shows little concern about your case, you should fire him/her and seek legal assistance elsewhere.
It is your right to fire your lawyer at will if you are convinced that he/she is not fighting for you. Hiring another lawyer might be costly and time-consuming but worth it. Do not waste time staying with a lawyer who does not have your interest at heart.
Additionally, if you have lost a lot of money because the lawyer handled your case unprofessionally, you can consider suing him/her. However, you should only go this route if you can prove that the lawyer messed your case intentionally, and you would have gotten better results if handled better.
It is heartbreaking to find out that your lawyer does not fight for you, especially if you have invested a lot in him/her, both financially and emotionally.
But once you find out that your lawyer is not fighting for you anymore, you should act immediately.
First, try to communicate with him/her to determine why he/she is not long longer fighting for you. If the lawyer does not change, do not hesitate to fire him/her and seek legal assistance elsewhere.