When you hire an attorney after a car accident, you expect them to provide the best representation for your case and to advocate for your interests in court or during a settlement negotiation. But sometimes things don’t go as planned, and your lawyer may not show up when they’re required. This can be a shocking experience—whether you’ve been left waiting in court or wondering why your calls or emails go unanswered.
While there are reasons for this—like the attorney being out of the office or busy representing another client—this doesn’t excuse their absence, especially if it leads to failure in your case. Such a situation is not just embarrassing, it’s also damaging to your legal standing, potentially leaving you in a legal lurch.
In California, you may have grounds to file a legal malpractice suit against the attorney if they’ve truly abandoned you. California legal malpractice attorneys can help you seek compensation and justice, ensuring that you’re not left without proper counsel to argue on your behalf.
Why My Car Accident Attorney is Not Showing Up
The secretary may say your lawyer is not available and ask you to leave a message, but the promised return call never comes. This isn’t standard practice, and you have the right to speak with your lawyer. If you’re not getting proper communication, consider seeking new counsel and exploring other options.
What To Do If Your Attorney Is Not Calling You Back?
If your attorney is not returning your calls, it can be frustrating, but there are steps you can take to address the issue. First, try to speak with someone else in the office—this could be the receptionist, a paralegal who is assigned to your case, or even another lawyer. Let them know you’re having trouble getting in reach with your lawyer and ask them to deliver your message.
You can also meet face to face by scheduling an appointment through the calendar to ensure your attorney is available. Consider using other forms of communication, like writing a letter, sending an email, or even a text message. Keep a record of these efforts to show that you’ve been actively trying to make contact with your attorney.
How To Get Your Lawyer To Call You Back
It’s understandable that lawyers can be extremely busy throughout the day. They juggle countless client consults, attend court appearances, handle depositions, join endless conference calls, and push through an overwhelming amount of paperwork to complete. As a professional, your attorney will typically provide periodic updates on your case, but if you need to get in touch sooner, it’s important to take the right steps.
When you call your lawyer, always leave a message with your name and clearly explain the reason why you called. Since attorneys often receive numerous calls, messages, and emails each day, without a message your call may be forgotten. If that happens, consider sending an email instead, or in more extreme cases, a letter to formally document your efforts to speak with your lawyer, which might be the most appropriate action in certain situations.
Can I Change Lawyers In The Middle Of A Case?
If your lawyer is not showing up, you’re likely feeling unhappy and frustrated, wondering if it’s time to terminate their services and move on. You have the right to fire your current attorney if you’re not satisfied with how things are progressing, but it’s essential to avoid delay when making this decision. The longer you wait, the more important deadlines might be missed, potentially hurting your case.
If you’re speaking to a new lawyer, they will need to quickly take steps to obtain your file from the old attorney. Keep in mind that some attorneys are wary of clients who switch representation in the middle of a case. They may wonder if the prior attorney dropped the client for a valid reason. Plus, if your case is nearly finished, the new lawyer may only be entitled to a small portion of the attorney fee, making them less likely to take your case.
If you decide to make the switch, your new attorney will typically handle the transfer process by sending a letter to your old lawyer, and the two will work things out amongst themselves. This process can happen without you ever needing to speak with your previous lawyer again.
Does It Cost Me Extra Money To Change Lawyers?
If you’re dealing with injury cases, it’s common to wonder if switching lawyers comes with extra costs. The answer is no, you won’t have to pay more. When you signed a contingency fee agreement with your first attorney, it laid out the terms, so if you choose to hire a new lawyer, you won’t face an additional fee. Instead, the lawyers who have worked on your case will simply split the fee.
For example, if your case settled for $30,000 and you agreed to a standard New Jersey contingency fee of one-third, the two attorneys will either determine how to split that one-third fee themselves or a court will step in and decide.
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Will Changing Attorneys Hurt My Case?
When dealing with a car accident case, it’s natural to feel uneasy if your lawyer isn’t showing up. Whether they are unresponsive or simply unqualified, this can leave you frustrated. The thought of changing attorneys might be worrying, but it’s important to know that hiring a new attorney won’t necessarily hurt your case. In fact, when a new lawyer is retained, they’ll carefully review your situation and gather all the details.
If your case is already in litigation, courts often allow extra time to make sure the transition goes smoothly. Deadlines are usually adjusted to accommodate the new counsel, giving you the assurance that nothing will go off track. The only thing that could hurt your case is delaying action when the issue arises with your current attorney.
Steps to Take if a Lawyer Won’t Take your Case
When your lawyer doesn’t show up or won’t take your case, it can leave you feeling uncertain about how to seek justice. There are several steps you can take to move forward, even without their help. These actions can help you find a way to manage your claim and get the compensation you deserve.
Seek Another Consultation
If your lawyer is unavailable, consider seeking another consultation with other personal injury lawyers. Most consultations are free and come with no obligation, so it’s a good idea to reach out for a second or even third opinion. Another lawyer might find it possible to take your case if they have a different perspective.
Manage the Claim Yourself
If your claim is relatively small, such as a minor injury from a car accident, you might be able to handle it on your own. Consider negotiating directly with the insurance company. There are free ebooks available, like “What Insurance Companies Don’t Want You to Know,” that can help you navigate the process if you decide to manage things independently.
CLEAR
For those with low incomes, Washington offers a toll-free legal hotline called CLEAR, which is specifically designed for low-income Washington families. If you are a King County resident, you can dial 211, and for others in Washington. This can provide you with the support needed to proceed without a private attorney.
Work it Out with the Person Who Hurt You
Sometimes, the person responsible for your injury, like a neighbor whose cat caused harm, may be willing to work directly with you. Instead of going through the courts, they might agree to pay your medical expenses, avoiding the need for further legal action. Often, the at-fault party is happy to resolve things privately, so it’s worth considering this option.
Small Claims Courts
If all else fails, you can take the at-fault party to small claims court. This is ideal for claims up to $10,000, but before you pursue this route, think about whether the time, energy, and filing fees involved are worth it. Small claims courts offer a streamlined way to seek justice, but they should be a final option if other methods haven’t worked.
Conclusion
If your attorney has failed to show up in court, it might feel like a form of malpractice. You hired them because you believed they would defend your rights after your car accident, but now you’re left wondering if your legal options have been violated.
Malpractice attorneys can help when ethical duties are broken, and firms like Attorneyatguard might assist you if you’re facing such a situation. You can sue if an attorney has acted against their clients’ interests or their law firm has ignored the specific practice area of your case. If you’re feeling uncertain, schedule a consultation through their website or contact us via phone or email. A free, no-pressure consultation is a convenient way to understand if it’s possible to file a lawsuit against the lawyer who violated your trust.
FAQs
What is it called when a lawyer doesn’t do his job?
When an attorney doesn’t show up or fails to meet the expected standards of their profession, it can cause major issues. Being a part of a regulated profession like law means that they are held to a high level of professional care. If they don’t fulfill these duties, their clients may take legal actions, accusing them of legal malpractice. This can happen when a lawyer doesn’t handle a case with the proper attention or fails to communicate, putting the client’s case at risk.
What to do when your lawyer stops communicating with you?
If your lawyer doesn’t return your call, it’s important to stay proactive. One way to handle this is to send them a letter that clearly describes what’s bothering you. Make sure to keep a copy of the letter for your records. In the letter, express what you need from them and suggest a face-to-face meeting to discuss the issue directly.
When Your Lawyer Doesn’t Fight For You
It’s frustrating when your current attorney isn’t showing up or handling your case in a competent manner. You expect them to be aggressive, fighting for what you want and need, just like a good family law attorney would. If they aren’t truly representing you, it might be time to fire them and hire another. Sometimes, you just have to make the tough decision and cut loose when you’re not getting the attention or effort you deserve from your lawyer.