August 30, 2006An Overloaded Attorney
A firm/lawyer I retained to represent me in a “wrongful dismissal” case almost 3 yrs ago, in my opinion, has not handled my case with due diligence. My case has not been given precedence and every time I discuss my case with my lawyer he tends to veer in another direction, i.e. how busy he has been in court on other matters, personal reasons such as illness or his case load! How do I impress upon him and/or his firm that my concern is my case and not all the others he is working on? What wording do I use? It has been a frustrating and stressful time and I really just want everything resolved and over with.
Meryl Responds
The things to include are:
Facts – here’s what happened
Impact – how it affects you, causes you to think and feel
Expectation – what you are asking for
Consequences – what recourse you are considering.
Here’s a possible script:
- I am unhappy with the lack of progress in what seems to me to be a reasonable amount of time. Instead of reassuring me, your mention of your heavy case load causes me to question if you have the time to give my case the attention it deserves and it leaves me feeling unimportant. I’m not interested in your personal situations or the other clients you serve. I am interested in your obligations to me. In order to continue I want commitments of what I can expect from you by when. If you are unable to offer and honor reasonable concrete commitments I will….(whatever your options are.)
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I would also incorporate into the script….Is this delay connected to the validity of my case? Although unprofessional, sometimes lawyers don’t have the heart to tell a person that there are no grounds for their case. In the beginning, at first blush, there may have been something but upon closer review it is a weak case and they don’t want to loose it. If the attorney that is handling the case still does not give any satisfaction, I would schedule an appointment with one of the senior partners with a perpared dateline and the same basic questions. If this person is one of the senior partners, find a different firm.
Comment by Barb — August 31, 2006 @ 7:26 am
A member of my extended family was involved in an auto accident a number of years ago. The other driver was intoxicated and driving a company vehicle without permission. You’d think getting payment for at least medical expenses, auto damages, and lost wages would have been a slam dunk wouldn’t you? One passenger’s leg was broken. Another passenger sustained some neck & back injuries. But the case dragged on for over 2 years. It finally became clear the attorney had other BIGGER fish to fry and did not want to spend the time necessary to bring my family member’s case to a successful conclusion. He ultimately “counseled” my family members to take a settlement amount that did not even cover their medical! The problem is, it is tough to win any kind of litigation with attorneys. They have all the resources, and you will be billed for every contact you have with them. My recommendation would be to formally articulate your complaint in a letter (which you then have time to edit and improve before you present it), clearly stating what you expect from the firm’s representation. Then, if you do not get better results, report them to your state’s professional governing agency and ask for a referral to a better firm at the same time.
Comment by Kathleen — October 13, 2006 @ 7:44 am