Why Is My Lawyer Not Getting Back To Me | Can I Change Lawyers
Why is my lawyer not getting back to me? It is a question we hear all too often from people who have hired a car accident lawyer but are not happy with the legal representation. The frequent story goes something like this:
After your car accident, you looked on Google for a car accident attorney near you or you were referred to one by a friend. After your initial meeting with the lawyer you felt like he was listening and that he cared. You signed a contingency fee agreement and maybe handed over some photos of the accident, the police report, and/or emergency medical records and you went about your life.
Flash-forward to today and maybe it's a couple of months later and you realized you have not heard from your lawyer. You reach out by calling, texting or emailing him and...nothing. Its radio silence. You wait a couple of days and you try again, but still there is no response. Or maybe the secretary keeps telling you that he's not available right now and you're asked to leave a message and promised a return call but again you don't get a call back. Ever.
This is not standard practice and you have a right to speak with your lawyer. That is why we at Farrell & Thurman, P.C., believe the most important aspect of the attorney-client relationship is good communication. If you are not receiving reciprocal communication, then maybe it is time to seek new counsel. Give us a call today if you wish to explore other options.
What To Do If Your Attorney Is Not Calling You Back?
If your attorney is not returning your calls, ask to speak with someone else in the office. Ask for the receptionist, the paralegal assigned to your case, or even another lawyer at the office. Let this person know that you have been trying to reach your attorney and ask them to get the message to your lawyer for you.
You could also try making an appointment with the receptionist to come into the office to meet with your attorney face to face. Getting an appointment on your attorney's calendar can better ensure that your attorney is available when you are available to speak.
Try other avenues of communication as well. This could be writing a letter to your lawyer, sending an email, or a text message. Keep track of your efforts in order to show that you have been trying to get in contact with your attorney.
How To Get Your Lawyer To Call You Back
It is most important that you understand lawyers are busy professionals. We often have very busy days filled with client consults, court appearances, depositions, conference calls, and a tremendous amount of paperwork to complete. While you cannot expect to speak to your attorney every day, periodic updates should be made.
If you call your lawyer, be sure to leave a message with your name and the reason why you called. Attorneys receive dozens of calls, messages, and emails a day and leaving a message will ensure your call is not forgotten. Alternatively, try sending your lawyer an email and in some extreme cases, a letter documenting your efforts to speak with your lawyer may be most appropriate.
And in the end, if you want to talk to an actual Car Accident Attorney, give me a call anytime (609-924-1115).
Can I Change Lawyers In The Middle Of A Case?
First, do not fire your old attorney without first speaking to a new attorney. An important deadline could be missed while you are looking for a new lawyer. In addition, if you wait too long, you may be unable to find a lawyer willing to take your case. Attorneys are often wary of clients who no longer are represented, often wondering if it was actually the prior attorney who dropped the client for some reason. On the other hand, if your case is 90% finished, a new attorney may not be willing to finish the case, as they will only be entitled to a small portion of the attorney fee. Therefore, if you are unhappy with your lawyer, you should immediately speak with a new attorney. Do not delay.
How Do I Change Lawyers?
If you are not happy with your lawyer, you can terminate his services without notice. Plus, you never need to actually speak with them again. Instead, you can find a new lawyer to take your case and that attorney will send your old lawyer a letter. The two of them will then work it out amongst themselves. Your new attorney will also take the steps necessary to obtain your file from the old attorney.
Does It Cost Me Extra Money To Change Lawyers?
In all injury cases, the answer is no. If you signed a contingency fee agreement with the first attorney, you do not have to pay your new lawyer an additional fee. Instead, all of the lawyers who worked on your case will split the fee. For example, if your case settled for $30,000 and you signed a standard New Jersey contingency fee of one-third, the two attorneys will determine among themselves how to split the one-third fee or a court will decide.
Will Changing Attorneys Hurt My Case?
No. Instead, what will hurt your case is continuing to work with an unqualified lawyer. When a new lawyer is retained, he will take time to review your case. If your case is already in litigation, courts will often move deadlines to accommodate the new counsel. The only thing that can hurt your case is delaying.
Conclusion
If you or a loved one were injured in a car accident and wish to discuss your legal options, Farrell & Thurman, P.C., offers a variety of convenient ways to schedule a free, no-pressure consultation. You may do so directly on our website (Schedule a Consult), via phone (609-924-1115), or by email (Contact Us).