What can I do if my attorney does not contact me?

Question

My attorney is refusing to contact client about an on going case. Is their anything I can do about swapping attorneys?

Eric Rothstein · Answer

You can change attorneys at any time? What type of case do you have?

Eric M. Mark · Answer

Yes, you can hire a new attorney. That is your prerogative at any time.

Jacob P. Sartz · Answer

Occasionally, there are communication issues as a case proceeds. Usually, a simple phone call or letter may address the issue. Attorneys are not mind readers and may not even aware that a client is feeling that way.   Occasionally, parties must substitute their attorney with a new attorney during a pending case. It's important, especially if the breakdown is hindering the ability of a client and attorney to work with each other, to take care of these issues early in a case. Ultimately, any substitution requires a judge's approval. If the matter is too close to a trial, the judge may not grant a substitution.

Armand Fried · Answer

Your attorney has an obligation to keep you informed.  If he does not, you can switch attorneys.  If he is privately retained, you can demand at least a portion of your retainer back and if he is court appointed, you can ask the judge to get you another attorney.  The judge might not agree but you can ask.  Inform the judge of the communication problems you have had.  Also, send the attorney a letter documenting dates you called and he failed to respond.

Marc B. Geller · Answer

You have an absolute right to hire new counsel.

Gregory Casale · Answer

There is no law that requires you to remain with one attorney if you are unhappy with his/her services. You can hire a new attorney at any time. The new attorney typically notifies the previous attorney of the change. However, before you do that I would strongly suggest that you leave a message for your current attorney expressing your displeasure and that you intend to seek alternate representation if you do not hear from him/her within 2 days or whatever limit you care comfortable with. Set a time and day and then stick to it, but give the payer a chance to respond. He or she may just be temporarily busy with a case that is all-consuming. I often am totally immersed in a matter for a few days if it is in trial or final stages of negotiation. It could even be personal issues that the lawyer has run into. Only you know what has transpired so far. Speak to a new attorney and they may be able to guide you in this decision.

Jared Austin · Answer

Is this a retained attorney or court appointed attorney? If retained, you are always free to fire your attorney and hire another one. If court appointed, you will have to petition the judge. How long has the attorney gone without contacting the client? If it is persistent, I would suggest contacting the attorney and stating that if the client does not hear from him within 24 hours they are going to file a grievance with the state bar. Trust me, no attorney wants that. Hopefully that should propel him into contact, If not, you may have to try the other steps suggested.

Stephen Freeborn · Answer

You don't say anything about the nature of the representation.  If you have a public defender, unfortunately, these attorneys often times have hundreds of clients, making the amount of time they have for each client minimal. One option is to contact the attorney's office and see if you can schedule an appointment.  The other option is to ask the court for a new attorney.

Jules N. Fiani · Answer

File a grievance with the Attorney grievence commissino. Go to the attorneys office.

Craig Elhart · Answer

If the attorney is retained by you, you could fire the attorney and hire another.  If the attorney is court appointed, you could bring the issue to the attention of the court through a motion.

Mark R. Thiessen · Answer

You can always fire them.  Or if it is appointed, ask the Court for another attorney and tell the Judge about the attorney's behavior.

Thomas Tomko · Answer

You may change attorneys at any time by simply hiring a different one.

Jeffrey Pollock · Answer

Unless he is stuck in trial or out of the country, a conscientious  lawyer will return calls with 24 - 48 hrs.  If not request your  retainer to be returned and hire new counsel.

Michael J. Breczinski · Answer

Is your attorney appointed or retained? If retained just get another attorney. If appointed then you have to ask the judge for another attorney.

Steven D. Dunnings · Answer

Hire a new attorney and file a grievance with the state bar.

Cynthia Henley · Answer

You can always hire an attorney to substitute in for the one currently replacing you. The lawyer has a duty to keep the client informed and return reasonable calls.

Timothy Klisz · Answer

Yes. Fire the old one and hire the new one. They will handle the paperwork.

Samuel H. Harrison · Answer

Did you retain the attorney, or is this an appointed attorney or public defender? You can always fire an attorney you have retained. If the attorney is appointed or a public defender, you don't get a choice. Call your attorney's office and make an appointment. Ask him/her what is happening.   Having said that, keep in mind that in real life all attorneys handle more than one case at a time. There are times in any case when nothing is happening. The state may be doing more investigating or waiting to present it to the grand jury. The case may be ready to go to trial but there are older cases in the same court that have higher priority for trial time. It makes no sense to call a client periodically just to tell them that nothing is happening right now. I think you find that the closer the case gets to being heard the more you will be talking to your attorney.

James Albert Bordonaro · Answer

You are free to fire your attorney at any time. Another suggestion would be to contact the judge assigned to your case and tell him/her that you aren't getting enough attention from your lawyer. They will probably send an email to the attorney.

Jared Altman · Answer

Of course. You can fire your lawyer "for cause" and demand a partial refund of what you've paid so far. If the lawyer was assigned to you in a criminal matter, then you can complain to the judge who might, but does not have to, replace the lawyer.

Daniel Kieth Martin · Answer

You can hire a different lawyer. The new lawyer will contact the old one and get the file.  Sometimes just a written letter will make them respond because things in writing come back to 'bite' people. An attorney will probably respond to a letter.

Philip Hache · Answer

One option would be to hire another attorney to replace your current attorney.  They would just go to the next court date and substitute in as the attorney of record at the Court.

Eric Sterkenburg · Answer

Any time a law enforcement officer sees a crime being commented he has the reasonability to make an arrest or report the crime to the proper authorities.

Seth Bloom · Answer

If you are having difficulty reaching your attorney be sure to make a good effort to get in touch with them. Call, write, and visit the office if necessary.  If you are still unsuccessful in communicating with them contact a local attorney in your area and discuss having them take over your case. Your current attorney is required to provide you with a copy of your file in a timely manner if you request it from them and you will be able to turn the case over to your new attorney and have them enroll as counsel on your case.  Before hiring a new attorney, be sure that you do all that is necessary to attempt to contact your current attorney.

Jeff Yeh · Answer

You can fire the attorney, and contact the state bar about the misconduct.

Seth Schraier · Answer

It depends on whether the attorney is a public defender or a hired private attorney.  If it's a private attorney, then you can change attorneys at almost any point during your case.  If it is a public defender, you have to ask the judge to assign a new attorney to you, which is not guaranteed to occur.  How long is the attorney taking to get back to you?  Some defense attorneys can be in court all day and unable to answer any phone calls.

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What can I do if my attorney does not contact me?

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