What can be done if lawyer is not responding to emails or phone calls?

Question

I have a personal injury attorney. I was in a serious car accident 9 months ago. I don't feel like he is working for me at all. He is slow when returning my calls, that is if he even returns my calls/emails. Can I get out of the contract with him at this point?

Erven Nelson · Answer

Yes, you can get a new lawyer anytime.

Ronald A. Steinberg · Answer

Make an appointment to see the guy, tell him that you are unhappy and that you want him to bring you up to speed. If he refuses, then dump him and find someone else. Don't just change lawyers because you are not getting hand holding. If he is good, he will be busy, and every client deserves 100% care, but just not all on the same day and at the same time.

Glen Shearer · Answer

Arguably you can. I would send him a letter advising him of the problem and telling him that if things don't change you will be forced to change to another attorney. Even if you do, however, your former attorney will have a claim for cost he has expended and possibly for his time. You should look closely at your contract with him and then try to work out an agreeable solution.

Paul Whitfield · Answer

If your case is a good case then he ought to be moving.  (your case may not be as good as you think it is) you can fire him and get a new lawyer anytime.

David Stoddard · Answer

Yes, you can always terminate your lawyer's representation. Before you do, I would recommend making an appointment to see him and let him know of your dissatisfaction and give him a chance to explain what he is doing on the case. You have to understand that there is not much an attorney can do on your case until you are finished with your medical treatment.  I do not know how long ago you finished or if you are finished.  You say the attorney is slow to return your calls.  If it is usually the same week, then that is pretty normal.  You would be shocked at the volume of calls an attorney gets, most of which the staff could handle if clients would allow that, but they usually insist on talking to the attorney.

Andrew Velonis · Answer

Sure, just get another lawyer and have the file transferred. You should give your present lawyer fair warning, though.

James Kelaher · Answer

Yes; just write him a letter informing him that you no longer wish for him to represent you, and then find an attorney who will be more responsive to your inquiries.

Georges Shers · Answer

You can always "fire" your attorney; they would be entitled to compensation for work actually done but that would come at the end of the case [presuming you have a contingency fee case]. The fee would be worked out with your new attorney and should not cost you anything more than if you had had just one attorney. Remember to demand a copy of your entire file [you should not be charged for that]. If your present attorney causes problem, tell they that you will go to the State Bar for assistance unless the dispute with the attorney is quickly resolved.

Gregory Janks · Answer

In Michigan you may hire and fire your lawyer as you wish. If your  lawyer is not taking care of your case and/or not communicating with  you, you may fire your attorney and hire a new one. You may also file a  Grievance against your attorney as the Michigan Rules of Professional  Conduct REQUIRE an attorney to keep their client advised of the progress  of their matter, as well as to use reasonable efforts in the matter to  keep it moving forward. You may also get a 2nd opinion from another  lawyer before deciding what to do. In getting a 2nd opinion, you would  contact a new attorney, who would contact your present attorney and make  arrangements to go and review your current attorneys file so that the  2nd opinion attorney could advise you of the status of the matter and if  it is, or isn't, on track and being handled properly. With the 2nd  opinion in hand, you could decide whether you wished to stay with your  original attorney or change attorneys, and do so in an informed way.       Of course, any Agreement you signed with your original attorney  will apply and there may be language in any such Agreement about costs  incurred, fees incurred/time spent, etc. So certainly you would want to  read any such Agreement before deciding what to do.

Thomas Edward Gates · Answer

It depends upon the agreement you signed with him.  You could fill a complaint with the State Bar Association, he is required to keep you informed on the case.

James Eugene Hasser · Answer

Look at your attorney contract and see what it says. Most allow the client to withdraw, but I would be very cautious in dismissing the lawyer as most lawyers don't like to take on a case another lawyer has been working on, especially if suit has been filed.

Robert Lucky · Answer

I am sorry that you are having such issues with your attorney. Yes, you may terminate your contract with your attorney at any time. However, he may have an interest in your case for costs and fees for the work he has already done on your file. You may wish to go visit him and tell him of your frustrations face to face. Best of luck to you.

Kenneth Ricks · Answer

You can fire your attorney at any time but be advised that if YOU fire your attorney then he probably has a lien for his reasonable fees (an hourly calculation of work done thus far) and costs.

J. Michael End · Answer

That is a tough question.  You can only get out of the contract with the lawyer if you can show just cause for doing so.  It may be that not answering your calls and emails will be just cause for your avoiding the contract, but that could become an issue for you.  I think you should talk with another lawyer, who can then negotiate with your present lawyer on a fee split between the two lawyers.  There will be some risk for you, so I would consult with another lawyer so that he or she can help you end your contract with your current lawyer. I think you will need some evidence that your current lawyer has not been responsive.  Do you know the dates you called his office and left messages?  Do you have all of your emails with him?

John Brennan · Answer

These matters take time, you should set a meeting with the lawyer and reach an agreement as to how communications and questions will be handled.

Cecilia Onunkwo · Answer

Yes, you can get out of the contract if you wish by notifying him that you no longer want him to represent you. It is preferable that you write as well as call him to inform him of your decision so there is no misunderstanding that he never got the message. Thereafter request for your file. Now if you have been sending emails on a daily basis you must take into consideration that the attorney has other clients and would not be able to respond to all your emails or as quickly as you want.

Briny Woods · Answer

I am sorry to hear about your frustration with the lack of response from your present attorney.  You can cancel your contract at any time.  Your options typically include 1) staying with the same attorney, 2) hiring another attorney, or 3) handling the case yourself.  You may feel justified to cancel the retainer contract based upon your attorney's actions.  It is really a gray area if he did or did not breach.  However, you can cancel for any reason.  Nevertheless, if you hire another attorney, your former attorney typically will get reimbursed, for his time and costs, from your new attorney's fees he/she earns, depending on your agreement with your new attorney.

Brian Goldman · Answer

The message you sent requires that you verify that you  are a real live human being and not a spam source.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

What can be done if lawyer is not responding to emails or phone calls?

18 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer