Legal malpractice is a serious threat to a client's case. A simple lack of communication could hurt a person's trust in an attorney, or it could be a sign of an attorney's dishonesty, incompetence or lack of time for your case.
There are options if your attorney isn't doing what you expect. Here are a few things to consider:
What should you do if you believe your attorney isn't competent?
You have a right to file a complaint. There are agencies responsible for disciplining attorneys who violate ethical considerations. For instance, if you believe the attorney lied to you or the judge, was participating in criminal activity, didn't show up at a hearing or misused your money, then you should file a complaint right away. You can then take your case to an attorney who is there for you and ready to handle your case.
What should you do if you don't want to file a complaint?
If you aren't happy filing a complaint, you can speak with your attorney directly. Find out why your attorney isn't doing good work on your case. Ask if the attorney is working on the case and, if not, why not. Tell your attorney your concerns. You can also ask for your case file, so you can see all correspondence and activity involving your case.
You may also want to terminate your lawyer. You can fire your attorney at any time that you wish. You don't need to have a reason. It's your right to choose who you want to work with, but keep in mind that you may need to pay bills from that attorney, even if you fire him or her.
Source: FindLaw, "Legal Malpractice Claims," accessed June 07, 2018