Breaking Up With Counsel... Oh So Hard To Do! But Why?

Hello Chicago Law Sourcers!  Happy January 2015.  Can you believe it's already almost February?  Boy, how time flies when you are having fun.  Well, today, I'd like to talk about what happens when you have a bad attorney, and how that translates for someone like me at Levin Law, Ltd. who might inherit a hurt client.  Now, relationships with client and lawyer is not always easy. I, along with every other bar-carded counsel in the land will have to agree.  However, there is a reason that lawyers are always having to defend their reputation as vicious animals, and for this post, I'd like to talk about how we can deal with that.  So, for some news you can use, on how to deal with lawyers who have wronged you and how you can work with a new lawyer to improve your case, here are some tips from the trenches:

We have all heard some horror stories and the news and media has reported on some doozies of attorney-client mishaps.  However, for the average person, it can be hard to determine when to part ways.  Here is a short list that may be useful in determining when to break up with your counsel, in no particular order:

1.  When the Trust is Lost Because of Differing Opinions on the Case.  When you and your lawyer no longer see eye to eye about the end-game and the potential to get there, it is best that one of you breaks it off.  More often than not, it's the attorney who identifies this mile-stone and initiates the tough conversation about "where is this going in your mind" kind of similar to the 6-month mark in a new relationship.  We, as human beings, always want to be sure that our "people" are on the same page.  Lawyers are humans too!  We don't want to have trust issues, and we don't want to feel as if you can't be trusted, or that you do not trust us.  If you feel that the trust is lost because you and your lawyer do not agree, then parting ways amicably is often the best outcome.  Do not fear - this doesn't always mean a burning bridge.  While generally the client should direct outcome and the lawyer should be the navigator, if it is the case that the parties cannot agree, splitting up while still on good terms is the best, for both parties.
2. When the Trust is Lost Because of Untrustworthy Behavior or Lack of Communication.  Quite simply, your lawyer owes you as a client, some ethical obligations.  They are: honesty, loyalty, candor, communication and best efforts in a competent manner.  If you cannot get those things from your lawyer, it's time to break up.  While communication can be a subjective thing, the main concept is that you should not wonder for long how your case is going, or what is happening.  Not every client wants a weekly update or letter, and not every client cares unless something is happening.  Clients should communicate their expectations and desires for communication and good lawyering demands that the attorney explain their usual methods and then agree with the client on how they will work together.  I accept texts, emails and calls.  Not everyone is on that same page, and it's totally up to the parties.  However, even though I don't send monthly status letters, I do return all calls and I do email.  If ANY client of mine wants to know what is going on, it's my highest priority to tell them.  My goal is to tell you before you ask, so that you are always up to date.  Regardless, the takeaway here is that you must communicate, and any lawyer who does not communicate cannot earn the client's trust.  Second, for ANY untrustworthy behavior, including failure to show up, failure to account for client money or failure to do what is promised, the client must break up with counsel in writing, and move on.  Your case is your case - and it's important that you retain control. 
3. When the Attorney Continually Loses Motions and Advances Bad Arguments.  Most lawyers try to make good arguments. Most lawyers do their research.  However, when a filing is continuously attacked by the other side, a diligent client should start to wonder if it's their attorney who is not doing such a good job.  It's sort of standard protocol to attack the other side's filings. However, a good and reputable attorney will know that not everything can be attacked, and it's poor form and a waste of client money to attack that which is sound, legally speaking.  Therefore, at a certain point, when a file is on it's 3rd Amended "this or that" it may be time to examine whether or not your counsel is doing it right.  After all, it's your dime!  You get what you pay for... and if you are not getting filings that have traction in court, your lawyer ought to be able to explain why.  

These are just a few things to consider when dealing with a bad attorney, or one that leaves less than a good impression.  Next,  clients must remember that not only do they have the power to stop working with an attorney, they have the right to complain and escalate matters when there is poor behavior that borders on unethical.  Just yesterday a potential client called me, complaining about a fellow lawyer whom I know of to be abusive, unethical and generally bad-bad-bad, and so I encouraged that person to file a complaint with the disciplinary commission.  It's always good to remember that lawyers are subject to the highest of obligations, and one of those obligations is that it's wrong to try to extort money from people when you aren't doing your job!  I was so glad this person called me, but it leaves me wondering where these lawyers find these poor unsuspecting clients.

Anyway, for today's message, what I'd like to impart, is that lawyering, like any kind of professional thing, is a moldable, movable relationship that has parts, good and bad.  When you come across some of the bad parts, you have options.   You can always report bad conduct, ask another attorney for a consultation to review options and to meet with your counsel to reevaluate.  I always recommend good communication on both sides, but no matter what, you have the right to break up whenever you want!

So, for your news you can use, be sure to check out Levin Law's website at www.levinlawltd.com and find our articles on SSRN, and our reviews on Yelp and Avvo.