What action can I take against my attorney for not providing timing responses to my calls
Chicago, IL
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Posted 5 months ago in Ethics / Professional Responsibility
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I hired a lawyer early last month to pursue a copyright infringement case. We are shy of a month and a half in terms of working on the case. I recently asked my lawyer for three pieces of information regarding the office and persons contacted and the date given for an initial response. I have gotten answers to questions that have nothing to do with the case but not these.
Am I expecting too much too soon or is this reasonable? I cannot figure out why I have no answers to these simple questions.
Additional information
The office is a solo practitioner and is a pay as you go. I can get answers about other questions that are not directly related to the case but not questions about the aforementioned. Answers (2)Gerry J. Elman
This attorney is licensed in New York and 1 other state.
Posted 5 months ago.
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A lawyer has a professional obligation to pursue zealously the rights of his or her client. Filing and prosecuting a lawsuit is like going to war. There are a lot of things that need to be done, and they need to be done right, or the client's rights could be inadvertently forfeited.
The attorney-client relationship is a sensitive one, involving confidentiality and a fiduciary duty to act in the best interests of the client. And a client is entitled to be reasonably informed as to the progress of his/her matter. You're entitled to know. Is the lawyer motivated by the prospect of a contingent fee, but you've paid nothing much upfront? Or is this a pay-as-you-go case? That distinction shouldn't make a difference in how your lawyer communicates status matters, but sometimes it does anyway. Perhaps your lawyer is busy with a variety of cases, or perhaps s/he is preoccupied with vacation or other travel. I was in Chicago a few weeks ago for a high school class reunion. My firm is also owed some funds from a bankrupt company, and has consulted a bankruptcy lawyer to assist us. Gee, he is so swamped with work these days that it takes quite awhile for him to generate our papers. (I wonder why. ;-) ) Is the lawyer a solo practitioner or part of an office with colleagues? Does s/he have a secretary or paralegal who could answer such questions? Does the lawyer respond best to phone calls, emails, or only when you show up face to face? If you understand the lawyer's communication style and are able to use the most effective channels of communication, then you're on track. If not, then some readjustment might be in order, either as to communication techniques, cash flow, or change the identity of the professional to whom the work is entrusted.
Jonathan H Levy
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