As shocking and frustrating as it may be, when your attorney abandons you midway through a case it can be frustrating and upsetting. Luckily there are steps you can take to ensure you still receive legal representation that fits with your best interests.
Attorney disciplinary rules generally permit attorneys to abandon clients under certain conditions, such as when doing so will have no adverse impact on their case or when there is compelling cause for doing so.
You Have Not Been Communicating
Attorneys don’t always need to respond immediately when you contact them, but they have an obligation to keep you up-to-date as things progress. This is especially true if you have already signed and paid your retainer fee. If it has been awhile since you last heard from your lawyer, don’t hesitate to contact them; perhaps there was simply some miscommunication that can easily be cleared up with just one call.
However, if after calling and leaving messages without hearing back from your attorney, no resolution has been forthcoming, it is time to send them a certified letter outlining why they have failed to communicate and making clear that you may seek new representation if things don’t improve. Certified letters come back with receipts that cannot be denied; thus eliminating any chance that your lawyer might claim they didn’t get your message.
Your attorney likely has multiple cases on his or her docket and does not have enough time to devote solely to yours. Legal processes move at a slower pace than many think, with pressing deadlines from other clients demanding their attention. He could be avoiding you because he made an error with your case that he doesn’t want to have to explain; in that instance, they should have informed you sooner about their mistake rather than leaving you hanging about what had happened instead.
You Have Not Been Taking Their Advice
If you have been pushing back against an attorney’s advice or recommendations, they may decide it would be in the best interests of your claim to withdraw their representation. While this can be hard to hear, your attorney always has your rights at heart and will do what they can to protect them.
Refusal by your attorney to return calls or provide updates can also be an indicator that they are considering leaving the case, so if this occurs it’s essential to communicate with them immediately to see if you can reach an agreement or search out new representation.
If your attorney unexpectedly leaves, the experience can be both disorienting and expensive – potentially forcing you to pay out-of-pocket for legal representation in the future if the old one worked on contingency basis. If this has happened to you, contact a New York legal malpractice lawyer immediately for legal assistance.
You Have Not Been Paying Your Attorney
If you have not been paying your attorney on time and in full, it may be time to find another. Attorneys require payment for their services just like anyone else; like anyone else they have staff to pay and bills to cover as well as rent and insurance payments and ongoing monthly expenses like rent. Also remember that attorneys usually work on contingency so only get paid when winning cases or settling cases; it is therefore imperative that payments are made promptly and fully to keep a healthy relationship between yourself and the legal professional involved.
Lawyers have other cases on their docket and may choose not to focus on yours unless payment has been received; as they operate as businesses they must focus on money-generating cases to stay afloat.
Whenever it becomes impossible for you to pay your attorney, the best approach is to arrange for a meeting and explain your financial difficulties. Most attorneys are usually willing to work with you and set up a payment plan; otherwise they will likely withdraw from the case; in such instances contacting your state bar association or law school clinics can offer legal help without needing to file fee disputes in court.
You Have a Conflict of Interest
Escaping from your attorney is often frustrating, particularly when they appear to have left you in the dark about why. Perhaps they received an offer for a better position or simply decided to walk away and you find yourself questioning why they failed to inform you about their departure or decision to quit.
No matter how unfair it may seem, lawyers are permitted under professional conduct rules to drop clients for various reasons. If, for example, you fail to pay legal bills on time or engage in behavior which offends their moral conscience, then they are legally entitled to withdraw from representing you and withdraw their services as well.
Additionally, attorneys are sometimes required to withdraw from cases if they become aware of a conflict of interest. For instance, if they’re representing you in a criminal matter and later discovers an eyewitness for prosecution is their close friend or relative, then they must withdraw.
If your attorney seems to have suddenly abandoned you, keep in mind that they likely have other cases on their docket that require their attention. They might only come back into your case if filing motions is imminent or deadlines loom. If they feel your case is not producing results for them, they might switch gears in search of more rewarding cases.
However, you should never hesitate to discuss your concerns directly with your attorney and express them directly. Sometimes misunderstandings arise which can be resolved through direct dialogue; if this fails to produce results then perhaps searching for another attorney would be in order.
As it can be hard to recover from when an attorney abandons you midway through a case, it can be particularly distressing. While unfortunate, it’s best to move on rather than allow the relationship to worsen further. Therefore, taking proactive steps such as finding and hiring a new attorney and making sure they understand your case and its details may help smooth things over. Be ready to pay any outstanding legal fees as well as provide all relevant information regarding it to this new one.