What To Do When Your Attorney Ignores You? In this article, I will discuss 6 actions you should take immediately if your attorney is taking your case seriously and is ignoring you.
An attorney is under a legal obligation to represent you in a court of law. This is through an employment contract between you and him or her.
This hence means that they should do their duty in reasonable care and due diligence in your favor. They should represent you when you need them, and it’s stipulated in the contract between you and them.
Once you employ an attorney or enter into a contract with them, they are bound by that contract and always adhere to the contract terms.
They should never breach the contract at any given time as it has consequences to it. Your attorney being your legal representative in a court of law, should not at any given time ignore your call for duty, be it representation in court or a duty to get into a contract, and you opt that they act on behalf of you.
6 Easy Steps To Do When Your Attorney Ignores You:
Once you realize that your lawyer is ignoring you, you need to take the following actions immediately:
1. Contact them
The attorney being bound by a contract between you and them should not ignore a call for duty. You should first contact them before doing any other action.
You need to know the reason for being ignored if it’s quite voluntary or inevitable. Once you call them or visit their office, do not beat around the bush. Ask them what is going on and why they are acting in such a way.
The attorney needs to explain their reason which should be quite genuine as a contract has bound them.
Issue him with a copy of the contract, which was voluntarily entered to affirm that they owe you a duty of care to be represented by them.
Remember you are also paying for their services and hence they shouldn’t ignore you. Once you get to know the reason, you can act accordingly.
2. Terminate the contract
Being ignored by a person with whom you are paying for their services due to being in a contract may be quite frustrating.
You will be paying premiums for which services are not rendered for. You need to terminate the contract as soon as possible if you did contact them and no acts of improvement were made.
Ending or terminating the contract on the grounds of being ignored should be first proved so that the attorney will not claim that it’s you who is breaching it by early termination. This can be done by showing the instances where you needed their expertise, contacted them, and did not show up to offer their services.
Once you have evidence of this or prove, you can now go ahead and terminate the contract. The contract can only be terminated if your attorney signs its termination and you, which should be done in good faith.
3. Fire the attorney
After you have ended the contract you need to fire your attorney. This can be in the form of a written document showing that you are no longer in the contract with them and you intend to end the employer-employee relationship between the two of you.
Once you have done this, you will be at no legal liability to them. While you fire them, you should ensure that they surrender all documentation they held on behalf of you. This is because you need to seek another attorney to hold them.
In addition to this, you do not want your confidential information in a previous employee’s hands as they are now.
You need to report them to the state lawyer or any state disciplinary authority that deals with attorneys.
This will help you get the claim right as these bodies are there to ensure that attorneys’ conduct is upheld and perform their tasks accordingly. Such bodies are governed by the bar associations or in other instances by the supreme court.
You need t make a point of reporting them so that the issue is known and disciplinary action is taken against them.
Even though most of these agencies take long before the issue is resolved, you need to report.
There are times when they claim they need to see several such kinds of complaints to affirm that the act is true but be the first so that this will not bother you.
5. Sue for damages
Your quest for your attorney’s service may have caused you damages. It would be best if you sued them by showing; first, they were your attorney, and they owed you the duty of care to represent you.
Once you have proved this, you can now file a complaint against them. They should have rendered their service to you as per the contract that they had voluntarily entered with you stipulated.
The damages incurred because they are ignored to perform their tasks make them liable.
6. Hire a new attorney
Now that you do not have an attorney you have a post to fill. You need to hire a new attorney who will represent you.
First, you need to do research based on merit and experience to not end up with the same case again.
As you do your research, make sure that you have a couple of options to choose from and scale down to the best fit.
Do not hire an attorney based on how you know them but on their qualification. Once you have the best choice, sit down with them and ensure that you interview them to gauge their potential.
If they satisfy your expectation, you can now enter into a contract, issue your file to them and employ as your new attorney.