Legal malpractice pitfalls: When you can't get in touch

Getting in touch with your attorney is one of the most important parts of any case. Being unable to stay in touch with your attorney easily means that you may miss important deadlines or not receive the attention you deserve during your case. It is possible to file a complaint against an attorney who does not represent you to the best of their ability.

Not communicating with a client can be a sign of misconduct on the part of an attorney. That's not all professional misconduct is, though. Professional misconduct can also be an attempt to violate the Rules of Professional Conduct or helping another person do so.

It is misconduct to engage in dishonesty, fraud, misrepresentation or deceit. Other forms of misconduct include prejudice, improperly influencing a government agency or official, assisting a judicial officer or judge in violation of the Rules of Professional Conduct, and other actions.

What can you do if you are a victim of misconduct?

If you believe that you are a victim of misconduct, there are a few things you can do. To start with, you can reach out to your attorney to state your dissatisfaction. You should do this in writing and make a copy. Get the mail delivered with tracking, so you know it arrived.

You can then take your case to another attorney. Another attorney will be able to review the case and talk to you about your expectations and what did not happen that you expected in the past. It's the new attorney who can let you know if the actions that took place were misconduct. Do your research to find an attorney who focuses on legal malpractice.

Make sure you keep any documents related to your case, and be aware of where they are. It's a good idea to make copies, so you can give some to your attorney for use in negotiations or at trial.

It is not fair to be a victim of misconduct, especially if it ends up causing you to miss deadlines or be unable to pursue your case. Your new attorney can help you create a strong case against your past attorney who violated your rights and did not treat you ethically. All attorneys are bound by ethics and the Rules of Professional Conduct. If yours did not meet the standards of the American Bar Association, there may be a problem that needs to be addressed.

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Legal malpractice pitfalls: When you can't get in touch | The Viorst Law Offices, P.C.