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EspañolWhat are my options if I do not like what my lawyer is doing?
If you are having problems with your lawyer or feel that they are not handling your case well, it may be a good idea to speak with them directly. Explain your concerns clearly, let them know what you need and expect, and allow them to correct their actions.
If things do not improve or you are still unhappy with how your case is being handled, there are other steps you can take:
- Keep detailed notes about the problems you are having with the attorney - for example, if they are not returning your phone messages, keep a list of when you called and what message you left.
- Put your concerns in writing by sending an email or a letter. This can help to document your concerns and to keep a record of your interaction with your lawyer.
- Ask your lawyer to explain their strategy, as they may have very good reasons for the decisions and can hopefully explain the legal strategy.
- Be clear in explaining why you think the strategy is a problem.
- Consider getting a second opinion. An advocate at a local domestic violence program or another lawyer may also help you think through questions you might want to ask your lawyer to help you better understand their strategy.
- You may fire your attorney and get a new one. However, be aware that depending on the complexity of your case and your case’s status, it may be challenging to get a new lawyer. For some things to keep in mind, see I cannot continue working with my lawyer. What are my options?
I cannot continue working with my lawyer. What are my options?
If you’ve tried to improve the relationship with your lawyer but you are still not satisfied with their performance, there are a few other ideas that you may want to consider.
If your lawyer works for a legal services organization or a law firm
- Start by talking to the lawyer’s supervisor.
- If needed, work your way up the ranks to the director or head lawyer until you get the results that you want.
- If this doesn’t help, you can always ask if a different lawyer from the organization or law firm can take over your case.
If the court has appointed your lawyer
- You may want to ask the judge to appoint a different attorney. If you are going this route, you may want to share the issues you are facing with the attorney’s legal representation.
- You have the right to fire a court-appointed attorney even if you are not paying them. However, think carefully before you do this because the judge might not appoint a second attorney for you. If you can’t find a lawyer on your own, you will be left to represent yourself, which could be very difficult, especially if the abuser has a lawyer.
If you decide to fire your lawyer and hire a new one
- Keep in mind that switching attorneys in the middle of a case can cause delays in the legal process, which may not be in your best interest depending on your goals.
- Be aware that free legal help is limited. Firing your lawyer and getting a new one may not be a realistic option if your attorney was assigned to you through a free legal services organization or appointed by the judge, as is often the case in states that appoint lawyers in civil proceedings. In the majority of cases, the supply of lawyers who provide free representation is much lower than the demand, and it may be more difficult to get a second lawyer to provide free legal services.
- If you decide to fire your lawyer, get a copy of your file so that your next lawyer will have everything they need to represent you.
If, however, you want to work on improving the relationship with your attorney, you can see information on ways to talk to your lawyer about your concerns in our Working with your lawyer section. You can find links for legal services organizations as well as your state bar association’s legal referral service on our Finding a Lawyer page.
What to do if I feel my lawyer has acted unethically or committed malpractice?
If you feel your lawyer has acted unethically or committed malpractice, you can report it. Attorneys have a code of ethics and a code of conduct that they must follow.1 Generally, the Bar Association handles complaints about attorneys who violate these codes. They may investigate a claim, decide if there is sufficient evidence to bring charges of misconduct, and impose disciplinary measures or dismiss the complaint.
To file a complaint, you may want to contact the state bar association or the appropriate State Disciplinary Agency, which regulates attorneys in your state. However, you need to be aware that investigations often take a long time, and any punishment that may be handed down to the attorney will not specifically affect your case.
For more information about where you can file a complaint against a lawyer in your state, you may want to search the Directory of State Disciplinary Agencies on the American Bar Association’s website.
1 American Bar Association. Model Rules of Professional Conduct.
