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Legal Malpractice What happens when a lawyer provides substandard representation?

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Old 11-05-2009, 05:01 AM
radeksgrl radeksgrl is offline
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Default Lawyer Won't Return My Phone Calls
This is the first time I have dealt with an attorney. It is regarding a felony shoplifting charge in which I paid a flat fee for her to handle my case to include my entrance into a pre-trial diversion program, dismissal and expungement. During our consultation she assured me would follow through on all these items and would stay in contact with me regarding any questions I had.

She notified me via email a week ago that I was accepted into the pre-trial program and my orientation date had been set. I had a number of questions for her. I have emailed twice and called and spoken to her secretary three times, who has not been able to answer of my questions. When I ask the secretary why the attorney has not replied to me, either via phone call or email, I am told the attorney is busy with another case (although the attorney has been in the office all week and not in court).

It has been a week, two emails, and three phone calls and no word from my attorney. What is reasonable to expect as far as receiving contact from someone you paid a large sum of money to to handle your case? Should I be concerned about her ability to even handle my case if she can't respond to me in a timely manner?

I would like to add that I am a mid-level customer service professional in the pharmaceutical industry who, like an attorney, has "clients" to maintain relationships with. It is our company policy to reply to any client contact, be it via phone or email, within 24 hours. If had a client who had contacted me five times and I still hadn't gotten back to them after a week, I would surely be fired.

Maybe attorneys just work differently, but this is where my expectations come from and why I am so concerned that my attorney still hasn't contacted me after a week of waiting.
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Old 11-05-2009, 09:32 AM
mmmagique mmmagique is offline
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Default Re: Lawyer Won't Return My Phone Calls
Only bad attorneys ignore their clients. The next time you call tell the receptionist that you expect to hear back from your attorney within 48 hours regarding the questions you have. Ask her if she would like you to email them to her so the attorney in question can answer them. Let her know that if you do not hear back from her that you will be calling your state's bar association regarding this.
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Unless a source is cited, anything posted here by me is only my opinion, and is not meant as legal advice.
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Old 11-05-2009, 11:35 AM
radeksgrl radeksgrl is offline
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Default Re: Lawyer Won't Return My Phone Calls
I'm just concerned about pissing my attorney off by threatening to report her. Unfortunately I need her and it is a long road ahead, by her estimates 9 months until it is expunged. Maybe I should just call and make an in-person appointment with her to talk to her and at least get through my first court date (assuming she will even show up like she said she would). I'd like to at least get started in the pre-trial diversion program before I think about switching attorneys. And then there's the fact that I paid her an up front flat fee of $2500, and I don't know that I could afford to pay that again to another attorney.
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Old 11-06-2009, 08:58 AM
mmmagique mmmagique is offline
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Default Re: Lawyer Won't Return My Phone Calls
I don't think being "nice" is going to help this situation.

I'd tell her I want a full refund, or weekly reports (with actual updates) or you will be contacting the state bar association.

She's already taking advantage of the fact that you "need" her. I wouldn't let her get away with it.
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