11 Reasons to Fire Your Lawyer

22 Responses to “11 Reasons to Fire Your Lawyer”

1. DM
   June 11th, 2007

   What do you do with the wife if she slept with him? Do you hire the lawyer again to file the divorce? LOL. Good article Andrew!

2. Elizabeth
   June 11th, 2007

   I fired a lawyer. He was a jerk and he didn’t listen to my goals. He also delegated work he was supposed to be doing to assistants and paralegals. I demanded and got my nonrefundable retainer back.

3. Andrew Flusche
   June 11th, 2007

   Hi DM,

   I’m glad you liked the article. Funny!! Maybe you should hire a different lawyer to file for divorce.

   By the way, I love your avatar. Very nice, and it stands out from others.

   Andrew

4. Andrew Flusche
   June 11th, 2007

   Hey Elizabeth,

   I’m sorry to hear that you had a bad experience with an attorney, but at least you got the retainer back. That’s amazing!

   Delegation is definitely a touchy subject in the legal profession. Lawyers regularly have associates, paralegals, and secretaries work on matters with them. The big problem would be if the work isn’t done correctly and the lawyer doesn’t take responsibility.

   Thanks for commenting,
   Andrew

5. Jeff Rubenstein
   June 12th, 2007

   I am a lawyer and I agree with all off your points. Lawyers are human and can make mistakes, but as professionals we are responsible for our actions and inactions. Treat clients as people not paper or dollar signs, follow the golden rule and “listen” to what your client wants and then advise them legally and ethically. Do the work you are paid to do and be honest with your clients. People respect the truth even if it is not what they want to hear. Let clients know they have other options even if it means referring the case to another lawyer how might be a better fit for a particular client. I practice this way as do many of my ethical colleagues. Best to all.
   J

6. Andrew Flusche
   June 12th, 2007

   Hi Jeff,

   Thanks for your thoughtful comments. I know there are many great and ethical lawyers in this profession, otherwise I wouldn’t be joining it.

   Thanks again for stopping by,
   Andrew

7. FacingSharks
   June 12th, 2007

   Andrew opened a can of words his post! Yes, I’ve fired a lawyer before, and there’s a reason I named my blog “Facing The Sharks”

   Let me add a couple more points of why you should fire your lawyer:

   12. If you filed a suite against the United States and you were stupid enough to hire a former JAG attorney, but you learned later his loyalty was not to you….fire him

   13. If you know what questions need to be asked in a deposition, but your lawyer refuses to ask the questions and instead, spoon feeds the defendants into how to answer his own set of questions…fire him

   14. If your lawyer holds a deposition and conveniently “forgets” the deposition took place, can’t remember who recorded the deposition, can remember what said in the depositin, then you later find the deposition and realize he went off record to coach the defendant’s witness and spoon fed that witness too…FIRE HIM

   15. If your lawyer conducts depositions of government defendants but tells them exactly what to say so they can be dismissed as a defendant, then you find a court log from the night before the deposition that your lawyer had a meeting with the judge and the defendant’s lawyers and he said he sees no problems with the depositions (that haven’t even taken place yet) and that the outcome of those depositions will justify releasing the government defendants from the case….FIRE HIM!!!

   I should have gotten a clue when I wasn’t allowed to submit questions to be asked of the government defendants.

8. Andrew Flusche
   June 12th, 2007

   Hi ProSe,

   I definitely didn’t intend to open up any old wounds here. But I do appreciate you sharing your experiences.

   Depositions are a tricky subject. It’s definitely not appropriate to spoon feed answers to the deponent. But I’m not sure if many lawyers would ask the precise questions the client wants asked. That gets into strategy and tactics, which are generally the lawyer’s call. Of course, the lawyer should be able to explain why his questions or phrasing are more appropriate.

   Don’t get me wrong - I’m not saying the conduct you described is right. I just wanted to highlight the difference between overall goals (which the client sets) and specific strategies (which the lawyer typically decides).

   Then again, what do I know? I’ve only been inside a courtroom like twice.

   Andrew

9. Mark Cahill
   June 13th, 2007

   A great list…

   Part of getting the right attorney is being sure you actually talk to several. Find the right fit for you, and for your case. The guy who did your divorce may not be the guy for your wrongful termination suit.

10. Andrew Flusche
    June 13th, 2007

    Hi Mark,

    Thanks for your great comment. You’re definitely right about finding the right lawyer for you and your case. Hmm… maybe that’s some good stuff for another post.

    Andrew

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    June 13th, 2007

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12. Alec Henderson
    June 17th, 2007

    Dear Andrew:

    Regarding 10 reasons to fire your lawyer I must point out one error you made. It is not an enthical transgression to have sex with a client in California. Why? Because our rules tells us it is not. Rule 3-120 states the kinds of ethical violations which can occur as results of sexual congress but the actual act of intercourse is not diapproved. I don’t necessarily agree with this but it has been the subject of intense debate here in CA.

13. Andrew Flusche
    June 17th, 2007

    Hi Alec,

    I definitely appreciate your comment. I wrote this article from a national perspective, focusing on the ABA Model Rules. As I’m sure you know, Model Rule 1.8(j) prohibits starting a new sexual relationship with a client.

    You are correct to point out that some rules do differ among the states. I didn’t know that CA differed on this point. I can see that it would be a big source of debate.

    Thanks for commenting,
    Andrew

14. Nick Kasoff
    July 5th, 2007

    I fired my first divorce lawyer. Unfortunately, it was a year too late. On every single concession that was demanded in negotiating the initial divorce, she said, “You may as well settle, the judge will just give it to her anyway.” So I got totally screwed.

    Since then, I’ve found a great new lawyer, but you can’t undo the sort of damage this woman did.

    Nick Kasoff
    The Thug Report

15. Tom J.
    August 6th, 2007

    I’ve fired two lawyers in the past; one for refusing to inform me of the filing of a lawsuit and the other for refusing to work on my case with some regularity. And I’m ready to fire my current lawyer because of filing an offer to settle without my permission, changing two settlement agreements after I signed them, and making changes to settle that place me in a position to be responsible to fund the defendant if another party also sues them in the same action. In the first case the lawyer received a handslap and I found a new attorney. In the second case I wrote an informative letter to the Chief Justice who made sure the attorney returned everything to me (I then represented myself in court and won more than I had anticipated.) This last one is yet to complete as I just don’t know what to do with the plethora of negativism and distrust created by the lawyer’s unethical actions.

16. Robin
    August 7th, 2007

    How about when your ex fires FOUR laywers all to delay the request for documentation from him? How many laywers are you allowed to fire/hire before the courts put a stop to it? This divorce is going on 3 years and the insanity must stop!

17. Andrew Flusche
    August 7th, 2007

    Robin - I’m sorry to hear that this painful time is being drawn out so long. It would be better for everyone to get things finished and move on. I’m not sure if there is a limit to the number of lawyers you can fire and re-hire. States have a pretty strong policy of letting people have the counsel they want, but it does sound like he’s abusing the system to create delays.

    I wish you the best,
    Andrew

18. Star Harris
    October 11th, 2007

    Now seeking 3rd Attorney see case Star Harris Vs. 711 NC037837 Need change of venue to L.A. Need ethical Attorney, setlement offer at 50,000 DVD shows guilt morethan, preponderance Viscious assult from customer, no reasonable care no 911 call, no Police 3rd Rally Oct19th 2007 7pm-11pm. Defenent request no more demonstrations. I Think Not. I have my 2nd sellout Attorney. Some Victims don’t die they fight, please advise trial Nov5th. Thank You, 562-912-0210,562-912-0499, 562-912-7592

19. Andrew Flusche
    October 11th, 2007

    Star,

    It sounds like you’re in a tough position. I’m not a licensed attorney yet, so I can’t give you any legal advice. However, if you’re looking for a new attorney, the California State Bar has a web page for lawyer referrals.

    Best of luck!
    Andrew

20. Christine and Giovanni Lombardo
    October 30th, 2007

    I am thinking of firing our attorney. My husbad was hurt at work infront of several people including a boss 10 months ago. Workmans comp dropped our case a month ago saying the injuries to his back were only a strain and he has MRI’s that say he has 2 herniated discs. Our lawyer says it could be months before we get an emergency hearing. (why call it an emergency hearing?) so we are left with no money, no injuries have been taken care of except his hand, they dropped our insurance so we cant afford his meds or the doctors visits. We asked our lawyer to please do anything he can for us. He told us we could file for temp. disability but he says we have to do it on our own and doesnt know how it works. He said we are pretty much on our own until we go before a judge and he said we may not get the case overturned. We asked him if we could sit down with him and discuss our case. He told us no. He told us he would not have a meeting and doesnt have meetings with his clients. I was stunned. Can he do that? we havent bothered him ever, infact up until last month when they denied us we never talked to him except to send our bills in to him from the doctors. I feel awful. My father in law wanted to meet him when we set up an appointment because he had questions to ask our attny. But he refused. Is that a good enough reason? am I expecting to much? remember I have not met with him except for the day we hired him 10 months ago. we have emailed each other in the last month and his answers are always very sarcastic. We feel very alone and scared. My husband isnt getting the proper medical treatment he deserves. He has had 5 operations on his hand and it is infected. He is supposed to be on an antibiotic but it cost over 200.00 for 10 pills. We cant afford it. I know your not an attny yet but does this behavior fall in the jerk catagory? I have a better word for him but Im not sure I can use it online since i am a lady. It would be nice to get an affirmative response. Thank you for your time. God Bless and Please, never forget that your clients lives depend on you when you become an attny. You sound wonderful. The law needs more men like you!
    Christine

21. kay
    December 27th, 2007

    i was hurt in a car accident when a lady failed to yeild at a yield sign. It was just whiplash, i think, the MRI i took showed i had some dislocated vertabres. So, I was sent to a chiropractor and put on pain medication. After going to the chiropractor every day for about a month I realized that I hurt worse leaving that place then befor I went in. So, I quit going. I ‘m still on the pain medication and it helps. Recently though, I got a job hostessing at a local restaurant. I worked for about two days when I realized that I wasen’t going to continue working there, because I couldn’t stand for more than an hour with out having major pains in my back. I couldn’t take my medicane while I worked ’cause it made me bit drowsey and out of it. At that time I had no money so I had to work, I stayed there about two more weeks then finally quit. Im 18, and know nothing about the law. But I can’t afford my medicane now that I don’t have a job and I can’t find a job where I don’t have to do some sort of standing or sitting for long periods of time. My lawyer’s main office isn’t in my city so, i rarely talk to him mostly just his assistants. Now, the problem is his assistants seem like their not on my side.They make me nervous to tell them what I really want because I feel like an idiot for speaking up. For example: I go in today to talk about a settlement agreement and I wasen’t happy with the offer. The assistant left the room then came back and began to inform me that there was no way I was going to get any more that amount that I was only 18 and they wouldn’t give me more because of my age. She was talking to me like I was an idiot for even thinking I could recieve a better offer. I don’t feel like they have my best intrest at hand. I’ve been wanting to fire them. Honestly, I have no clue what I should do or say. I just wish they were more understanding.
    -Kay

22. Dee
    April 4th, 2008

    I can sympathize with Kay (December 27th, 2007)

    I too, even though almost 66, knew nothing about the law. I should make myself a T shirt with “Snow Job Available Here”. I have been caused nothing but frustration (and grief) since my husband died in August of 2007…under terrible circumstances, not knowing my rights. One of the terrible circumstances, other than his unexpected death, was that we had been temporarily separated for 9 months, due to an incident involving him and my son (who lives next door). Even though we kept on ‘good terms’, it was a terrible shock and left so many regrets that he had died alone, and I had no opportunity to say goodbye or make ammends. I still loved him. Our separation was due to and incident between my husband and son. Very long, so I will try to make it brief.

    I had given my son permission to use the car that was registered in both my husband’s name and mine in order to bring me back from GA. My husband declined my offer to come get me. It ended up in a 10 mile car ‘chase’ on a highway. My husband forced my son off the road 3 times (I was a witness via my son’s cell phone while it was happening). It later ended up with my son calling 911 when my husband threatened him with a gun that he had cocealed in his pants pocket (at our home). I filed a restraining order to keep my son from doing so, knowing he would not drop the charges. My husband and I had a very serious, extended conversation and agreed to temporarily separate to try and work things out, since I had been put in the middle of other things between him and my son. I agreed to drop the charges, but had to appear in court to do so. I did so before our testimony. He bought a mobile home on a rented lot and stated that we could use it for rental income when/if we worked things out later. He had a key to ‘our’ home and accessed it whenever he wanted. He still paid the mortgage payments, home insurance, property taxes and utility bills.

    The week after my husband died, his two daughters, who live overseas, came to be “closer to their father.” They had only seen him twice in 14 years (one of those two times he went to see them). Things started out okay, but when they wanted to turn his mobile home (in his name only)over to the owners of the trailer park (they financed the loan), dispose of his new truck, 1990 van, 1993 motorcycle, and everything in his home (many items he had only ‘borrowed’), things turned sour. I didn’t know what to do about the mobile home since it wasn’t in my name, and I only had $500 in my account when he died, so agreed. I did not agree to sell the van or motorcycle, or anything else, and told them, more than once, that it wasn’t legal to do so before my husbands estate was settled. I had agree to repay them afterwards. They wanted to money to help pay for the funeral expenses, other expenses, and their air fare. Since I had objected to them disposing of his estate, they sent me looking for a safety deposit box and the keys to his trailer that the sheriff’s department still had. When I got to my husband’s home, they had already made arrangements to sell, donate or give away everything. I bit my tongue big time, trying not to make a horrible situation worse. I know now that I shouldn’t have, but I thought the law would make them accountable for their actions. I won’t even go into the mess they caused by having his motorcycle taken to a consignment shop without my signing an agreement, and without the title (which I have) or a death certificate. They hired a lawyer in my home town and sent a waiver for me to decline my right as PR of his estate. I object and went to a lawyer, finally acquiring the money from my husbands life insurance to do so. It has been a horrible mess. I found out that my husband (my second) and I were ‘tenants in common’…something I wasn’t even aware of. He bought my ex husbands half of the property for a fraction of what it was worth, before we were married. I had lived at my residence since 1983 and owed the property since 1971. I learned it made no difference that we were later married, since my name had not been changed to my married name on the mortgage loan papers, Warranty Deed and Homestead tax claim filed at the courthouse. I had been concerned, after we were married, and asked the bank who held the mortgage about it. Their answer: “I don’t see where that should cause a problem.” Lesson to learn from anyone also thinking otherwise! This goes on and on with my lawyer pressuring me to ‘buy out’ his daughter’s since they own one half of my homestead. The amount to do so would be half of my monthly income, leaving me in the hole after my bills were paid. They did not care and kept pressuring me. When I tried to comply, and asked the bank what I could borrow and stay within limits I could afford, they gave me wrong figures. That cost me $2000 in legal fees, just to find out I couldn’t afford to pay his daughters off, afterall. Skipping bunches of other issues. My hearing for the PR appointment was last week. My lawyer told me I didn’t need to be there. I offered to give him information I had compiled for my defense and he said it wasn’t necessary. I LOST my right as PR. It still has to be proved that my husband still considered this his ‘Homestead’ to have rights to a life estate (from what I’ve been told) I do not trust anyone working on my husband’s daughters behalf. I found out, on my own, through the court sheets, that my husband’s daughters lawyer had two witnesses to testify against me. Both gave fradulent testimony which I can prove. My lawyer filed nothing in my behalf and failed to tell me that there were witnesses and ‘their’ lawyer had filed my restraining order (but no papers showing it had been dropped), From the witnesses testimony it looked like I had no contact with my husband since we separated (totally not true), and that I didn’t even attend the memorial services for my husband. I rode with his two daughters. I compiled everything I have to prove I am innocence, plus gave my response to each witnesses false testimony. I turned it into my lawyer with a letter saying I was requesting an appeal, plus asked him to contact me. I have since taken in other paperwork and asked his paralegal to have my lawyer call me. She is just as Kay discribed…need I say more. It has been over 10 days with no response from either of them. I feel I should fire my lawyer but am afraid I will only end up with someone worse (it seems to be my luck). I hate to spend even more money with the chance of no better results. Quite a quagmire! Anyone wanting give me advice…or to tell me how ’stupid’ I’ve been…have at it. I agree. (Do I win something for having the longest, most confusing comment…lol) Dee

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