Sometimes it's hard to say when it's best to fire your attorney. Even though you deserve it, it's not always a good result. Although you have to tread carefully, some of the frauds by lawyers are so serious that there is no choice but to fire the lawyer.
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Part 1 of 6: Exposing Ethical Violations
Step 1. Learn the attorney's rules regarding professional conduct and conduct
If your attorney is acting unethically, you can report it to the State Disciplinary Commission. Unethical behavior can also be grounds for dismissal of a lawyer. One of the most important ethical requirements is maintaining your confidentiality. An attorney must not divulge your communications with third parties.
Step 2. Ask if your attorney has been bid by the other party
An attorney is obliged to notify his client of the existence and availability of alternative resolution procedures. This includes any and all settlement offers and approval requests. Refusing an offer, without first consulting with you before making a final decision, is unethical.
Step 3. Research whether your attorney has represented the other party
Do some research online and type in your attorney's name followed by the other party's name. If your attorney has represented the other party before, there may be a conflict of interest.
However, if both parties are informed of the conflict and then given written permission, then the attorney may represent both clients
Step 4. Avoid being in a close relationship with your attorney
Sexual and romantic relationships are not only grossly inappropriate, they are also unethical and violate the Rules of Professional Ethics. If your attorney tries to establish a romantic relationship, report it to the Ethics Council immediately.
Step 5. Request proof that your property is actually segregated from the attorney's property
An attorney is obligated to keep your personal property separate from his own and can return the property at any time you request. This includes any unpaid money you receive, which must be held in a trust or checking account by a third party. Your attorney must be willing and able to present evidence that your money is in a trust account.
Part 2 of 6: Checking Your Bill
Step 1. Watch and keep all your bills
The fee charged by the attorney must not be excessive or overdue. How to determine whether the pay is excessive or reasonable, you must consider the time and hours worked, including the general salary paid for similar services in the same field by lawyers with equivalent experience. To decide whether you have been charged with overpaying:
Step 2. Make sure that the bill is present in the form of a list of details
All invoices that you receive from your attorney should include a detailed list of the various tasks performed, complete with the amount of time spent on each task. The bill should also identify who performed the task in question and at what rate.
Step 3. Request copies of all records, or documents, filled out by the Court
You can ask your lawyer or the Court for copies of all these documents. No matter who you ask, there may be a copy fee of IDR 1,385 to IDR 2,773 per per page.
Step 4. Ask your attorney for copies of all correspondence regarding your case
Sometimes the attorney will provide you with a copy or a copy (“cc”) of all correspondence that you have done and this should be yours. If not, ask.
Make sure you ask for all records of every phone conversation. Even if you can't get a transcript, many lawyers keep written records containing summaries of telephone conversations, including the length of the conversation
Step 5. Compare invoices with application and correspondence files
Each invoice for drafting a letter of application or preparing correspondence must match the correspondence or application prepared.
Pay close attention to the date. If a motion with a date stamp is filed on Monday while the billing claim is written on Wednesday, your attorney is not keeping accurate billing records
Step 6. Research the pay rates that are reasonable in your area
This can be difficult to do, and the information on the Internet is usually wrong. Try calling some of the other attorneys in the area and asking how much they pay to handle your case. Consultation fees are usually free.
Part 3 of 6: Ensuring Loyalty
Step 1. Make sure that your attorney still represents your interests
A lawyer is required to fulfill whatever you wish, as long as it is within the legal limits. But sometimes lawyers just stop protecting the interests of their clients.
Step 2. Review your attorney's application and correspondence documents
Make sure the content of the application filed by the attorney is to your liking. If different, it means he is not loyal to you.
- An attorney doesn't have to agree to the solution you want. For example, if you want full custody of your children, and the law allows it, then a lawyer must do everything he can to make that happen for you, whether he likes it or not.
- However, your attorney can only seek legal remedies. If you want full custody while the law dictates the division of custody, don't blame your attorney for not being able to come up with a solution that the law clearly denies.
- If you're not sure the solution you're seeking is legally available, ask your attorney to show you the law or an opinion that confirms it.
Step 3. Identify all important information that was not passed on to you
If you see in correspondence from the other party any information that you think is important, make sure that a lawyer has communicated this to you. A lawyer is required to share information with you, so that you can choose correctly.
In particular, if the other party agrees to settle the case, then your attorney should pass that information on to you, even if he thinks the settlement fee is too low. Agree or not to settle a legal case, it's up to you, not the lawyer
Step 4. Record how much time the attorney spends before finally responding to you
About a week is standard time for any busy office, though ideally a few days. If your attorney never responds to your communications, he or she is not sufficiently intent on acting on your behalf.
Part 4 of 6: Identifying Pauses in Representative Efforts
Step 1. Try to keep up to date with your own case
Instead of waiting to be told by a lawyer about what happened at the court hearing, try attending the event yourself. Record and remember all the dates. Pay attention to deadlines for submitting important documents.
If the judge warns your attorney for failing to take notes or being late in submitting certain documents, he or she doesn't have enough intention to represent you
Step 2. Provide your attorney with all documents and information in a timely manner
Make sure you have done all the obligations, so that your case is not hampered or damaged just because of neglecting to provide certain information.
- Keep all copies of the documents you provide. If your attorney loses something, it's easy to replace.
- If you send a document to your attorney, make sure that he or she receives it. You can email his secretary or paralegal to make sure.
Step 3. Check and ask your attorney for all copies of every document he or she presents in court
This will keep you informed of what's going on, as well as monitor the attorney's persistence.
Part 5 of 6: Calculating the Cost of Hiring a New Lawyer
Step 1. Gather information about costs
Once you've fired your previous attorney, you'll need to find a new one. Unfortunately, he will not want free work. He or she may also charge you for the time it took to research your case to its current state, for not handling it from the start. Ask for the pay schedule.
Step 2. Consider how much time is left in your case
The earlier, the less money to spend on the first attorney. At this point, hiring a new attorney won't be too expensive.
It's different if you fire hiring a new lawyer ahead of the trial. This will not only prolong your waiting time, but also costs
Step 3. Consider how important your case is
If it counts as routine litigation, it might be a good idea to just keep the old lawyer. But if the stakes are high, for example you want to get child custody, it might be a good idea to hire a new lawyer, no matter how far along the process you are.
There are several opportunities for “repeat” in legal cases. Applications for a new hearing are almost always passed if the judge made the mistake, not the lawyer. If you lose because of a lawyer's fault, you have to sue for malpractice-which is a lawsuit in itself
Step 4. Ask yourself how dissatisfied you are with your current attorney
If you're just annoyed by slow email responses and a bill that seems a little pricey, it might be worth sticking with. But if you believe the attorney has broken the law or violated your trust, then fire him.
Part 6 of 6: Firing Your Lawyer
Step 1. Schedule a meeting with your attorney
At the meeting, raise any concerns you have regarding the attorney's bill, communications, or legal representation in general. Sometimes he has a plausible explanation.
- Lawyers are human too. Sometimes billing errors happen unintentionally, or not answering the phone because of illness or something. However, if it happens repeatedly, it means that there is an intentional negligence.
- Send a follow-up email with your summary of the meeting results. This will give you a written record.
Step 2. Get a second opinion
Most attorneys will be honest with you about how well or poorly other attorneys handled your case. Take copies of your records and correspondence to other attorneys for criticism of your current attorney's progress.
Step 3. Write a letter to officially terminate his representation
If after meeting and getting a second opinion you believe your attorney is not good enough to represent you legally, then you should fire him. Submit a formal letter to state this.
- Summarize your dissatisfaction. If you meet in person, naturally he will already understand the reason for your dissatisfaction. Then write, “As of today [today's date], I no longer want you as my attorney.”
- Send the letter by official stamped post, complete with a signed acknowledgment request.
- Request a copy of the file for you.
Step 4. Pay your bill
Even after you fire a lawyer, you are still responsible for paying unpaid bills. Your ex-lawyer may sue you for outstanding service bill payments.
Step 5. Warn others
Many internet sites allow their clients to rate lawyers in terms of effectiveness and professionalism. If you think your ex-lawyer should be avoided, share your experiences on a site like Avvo.
Remember that the information shared on the internet is public. If there is a pending legal issue, the other party can see what you shared regarding your case. Be careful not to reveal too much
Step 6. Report your former attorney to the Disciplinary Commission
If you think a former attorney has violated ethical and even legal rules, then you must report it to your local Disciplinary Commission.
The board will request documentation, such as billing records and e-mail or postal correspondence. You must have all of this ready
Tips
- If you can't reach your attorney by phone, schedule an appointment for a 15-minute phone call. Set scheduling times and who will call.
- Remember, lawyers are only human. Slow progress and unsatisfactory results may not be entirely the lawyer's fault. Legal cases sometimes go very slowly, and some cases just can't be won.
- Your attorney's paralegal should be able to tell and explain how your case is going, and may be more contactable because they're not as busy as lawyers. Therefore, try contacting a paralegal if the attorney has not yet responded to you.
Warning
- Avoid firing lawyers while the court is running. Sometimes judges don't even allow lawyers who have been fired to step down.
- Don't fire a lawyer just because you don't agree with his strategy. If you are confused about this, schedule a meeting to discuss it.
