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Have you ever gotten so frustrated with your attorney that you ended up abandoning him? If so, there are steps you can take to help ensure that you are never left on your own again. Below are a few things to keep in mind.

Conflict of interest

If you have been employed by one firm for a long time, but you are deciding to take on a new case, you may face a conflict of interest if you have a previous client who will be affected by your decision. In this case, you must disclose your previous relationship to your future client before taking on a case. Otherwise, you can end up with legal malpractice lawsuits.

In this instance, your lawyer needs to consider a number of things before choosing a legal issue to take on. This includes the materiality of the relationship and whether it is likely to cause or prejudice your current client. You also need to consider your functions performed by the lawyer and the duration of your lawyer-client relationship. For example, if you are representing a company that has a competitive economic advantage over the other firm’s client, that can affect your representation.

In addition to the materiality of the relationship, your attorney must also consider whether your former firm acquired material confidential information relating to your former client. In this case, you will need to provide your former client with the written informed consent required under Rule 1.7 before you will represent him or her. Your lawyer also must consult with other lawyers at his or her new firm.

While a lawyer may need to give his or her client an option to choose a different lawyer, the client should not be disadvantaged by the new representation. He or she should expect the attorney to be as forthright as possible when discussing the potential conflict of interest. Once he or she has determined that a conflict of interest exists, the lawyer should inform the client of the financial interest, alternative candidates, and any relevant factors.

Unanswered phone calls or emails

If you haven’t been able to get a return phone call from your lawyer, you may be a victim of a communications breakdown. This is unfortunate because your attorney’s lack of attention can be a sign of trouble. Fortunately, there are several ways to handle this situation.

One way is to send a letter. This is a good way to show your lawyer that you are unhappy with his or her performance. A formal letter is a great way to make your dissatisfaction known.

You can also fax your complaint to the lawyer’s office. There are also bar association investigations. Ultimately, if you are not happy with your lawyer, it is up to you to find someone new.

Regardless of the legal matter at hand, a lawyer that fails to answer your calls or emails is a disservice to you. While it is understandable that you are looking for an expert to advise you, a law firm that does not respond to your inquiries can be a detriment to your case.

The best way to avoid this scenario is to have a set of clear communication protocols in place. For example, you should have a retainer agreement in place to define the scope of your representation. Also, you should have a file that tracks all of your communications with your lawyer.

It’s not uncommon for an attorney to neglect to inform you of the latest updates on your case. Thankfully, you can deal with this by paying up, asking for a meeting, or sending a certified letter. Of course, you might need to look into this more thoroughly if you suspect your attorney of malpractice. Whether you choose to do this yourself or seek professional assistance, a reputable legal malpractice attorney can help you navigate the maze that is the legal system.

Legal malpractice

If you’ve had to deal with a bad attorney, you may want to consider filing a lawsuit for legal malpractice. Legal malpractice is a type of negligence that can happen when a lawyer fails to take proper care of a client. It includes cases of professional negligence, negligence in a legal contract, and failure to perform contractual obligations.

To sue for malpractice, you must show that your attorney did something wrongful. This can include things like failing to fulfill a contractual obligation, misappropriating client funds, or acting in a way that was against the ethics of the profession.

The most common reason attorneys commit malpractice is due to a failure to communicate. Lack of communication can result in missed deadlines, failure to receive important case information, and even a failed settlement offer.

Attorneys are expected to be trustworthy, and if they fail to meet that standard, it can leave clients with no recourse. Some attorneys have withdrawn from a client’s case after receiving excessive fees.

If you are concerned that your attorney hasn’t returned your calls, you should write a letter explaining the problem. You can also fax the letter to the lawyer’s office or ask for a meeting.

Lawyers must follow a code of ethics, and violating that code can lead to malpractice claims. Attorneys who violate ethics can be disbarred.

A malpractice claim involves an injured client who has suffered damages due to a negligent attorney. This can include financial losses, loss of freedom, and even personal losses.

Legal malpractice cases are complex. They are fact specific, and they may involve expert witnesses. Depending on the case, you might need a lawyer who specializes in legal malpractice to help you build your case.