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What if I have conflict with my lawyer?
1. What should I expect from my lawyer?
Your lawyer should:
- Act ethically and abide by the Rules of Professional Conduct.
- Represent you zealously and use all lawful and ethical means to present or defend your case.
- Not reveal anything you tell him or her in confidence. There are some exceptions to this rule in, for example, certain life-threatening situations.
- Allow you to make the final decisions regarding how your case will be handled.
- Exercise independent professional judgment on your behalf.
- Keep you updated on your case.
3. What if I have a personal dispute with someone who is a lawyer?
You may believe that your landlord, who happens to be a lawyer, hasn�t given you enough warning of a rent increase. Or, maybe a lawyer who charged some tools at your hardware store has not paid his or her bill.
While lawyers are licensed by the State Bar, the bar is not allowed to become involved in such matters. To solve these problems, you need to exercise your rights as a tenant or as someone who is owed a debt.
back to top back to top6. What should I do if I don�t agree with my lawyer�s advice?
Express your concerns to the lawyer and listen to the lawyer�s explanation. If you are not satisfied, you may want to seek a second opinion from another lawyer. Then, if you are still dissatisfied, you might consider hiring a new lawyer.
You do have the right to change lawyers at any time. However, if you wait until you are close to trial, you must consider whether this would be good for you and your case. You may not be able to find another lawyer at such a late stage. In addition, such a change might delay your case. And if you fire your lawyer, he or she usually will be entitled to payment for any past work.
back to top back to top back to top back to top11. What can I do if I believe that my lawyer acted unethically?
You can register a complaint with the State Bar.
- Can refer you to fee arbitration, lawyer referral services or another agency better suited to handle your particular situation. Your problem with your lawyer may not involve an ethical issue.
- Can explain how the discipline process works and send you a complaint form.
- Cannot give you legal advice. Nor can anyone on the hotline staff take your complaint by telephone or predict the future outcome of your case. Complaints against attorneys must be submitted in writing. A State Bar lawyer then reviews each complaint and determines whether or not it should be investigated further for possible prosecution.
- Keep in mind that the State Bar cannot discipline attorneys for being rude or for making a mistake. Also, the mere fact that you lost your case does not mean that the lawyer did something unethical. Nor does the fact that you disagree with the lawyer�s handling of the case necessarily mean that the lawyer did something unethical. Complaints are evaluated on a case-by-case basis.
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