Q. We need to hire a different attorney, how should we proceed? Our son is in jail for drug related charges and we feel the attorney that we have retained is not the most effective for our situation. Can we interview others and share details of the case to select a different attorney? Are attorneys allowed to discuss details of the case or will we need to discontinue our relationship with our current attorney before we proceed?

A:  It can be difficult for a client to know whether his or her lawyer is performing well or not. Sometimes even the best of lawyers does not achieve the desired result, and it may be due to a difficult set of facts, a bad judge, or unrealistic expectations. In all cases, communication is the key to making sure you are happy with your lawyer.  First, interview at least 3 lawyers before hiring someone. Once you hire someone and realize you may have made a mistake, let your lawyer know you have a problem. Give them a chance to clear the matter.  Unfortunately, there are poor lawyers out there. If you find you have hired someone who shows obvious signs of poor lawyering, like the ones listed below, it’s time to read my guide on how to choose a good lawyer, and start interviewing again.

Signs of a poor lawyer:

1. Poor communication --lawyer doesn’t return phone calls or emails on a same day or at least 1-day turnaround without good reason, or doesn’t copy client on important correspondence, orders, pleadings, etc. Note: your idea of speedy communication may be unrealistic. Make sure you both agree on communication before you hire someone.

2. Neglect --lawyer simply doesn’t work on case in a reasonably timely manner. 

3. Misses important deadlines.

If any of the above is true, you should seriously consider obtaining new counsel.

Some considerations before firing your attorney:

1.      Sometimes it is better to keep a problematic lawyer if you are close to a trial, hearing, or other event and there is not enough time for a replacement lawyer to prepare.  A judge may not allow the attorney to withdraw from representation; the lawyer ought to be able to tell you if your case is before such a judge.

2.      When interviewing new lawyers, you may give details about your case in complete confidentiality. Make sure the person you interview understands you have retained another lawyer with whom you are unhappy and plan on firing.

3.      It is safe to assume that some of the lawyers in the Atlanta area in any particular specialty know each other. If you bring your case to a new lawyer, he or she might call your current lawyer to get the scoop on you, the client. So, by all means, talk to your current lawyer, make sure he or she knows why you are unhappy and give your lawyer a chance to make amends.

When and if you do terminate your lawyer, you have the right to your file back in a timely manner. You cannot be billed for the copying of your file upon return unless it says so in the Fee Agreement.

Q. We need to hire a different attorney, how should we proceed? Our son is in jail for drug related charges and we feel the attorney that we have retained is not the most effective for our situation. Can we interview others and share details of the case to select a different attorney? Are attorneys allowed to discuss details of the case or will we need to discontinue our relationship with our current attorney before we proceed?

A:  It can be difficult for a client to know whether his or her lawyer is performing well or not. Sometimes even the best of lawyers does not achieve the desired result, and it may be due to a difficult set of facts, a bad judge, or unrealistic expectations. In all cases, communication is the key to making sure you are happy with your lawyer.  First, interview at least 3 lawyers before hiring someone. Once you hire someone and realize you may have made a mistake, let your lawyer know you have a problem. Give them a chance to clear the matter.  Unfortunately, there are poor lawyers out there. If you find you have hired someone who shows obvious signs of poor lawyering, like the ones listed below, it’s time to read my guide on how to choose a good lawyer, and start interviewing again.

Signs of a poor lawyer:

1. Poor communication --lawyer doesn’t return phone calls or emails on a same day or at least 1-day turnaround without good reason, or doesn’t copy client on important correspondence, orders, pleadings, etc. Note: your idea of speedy communication may be unrealistic. Make sure you both agree on communication before you hire someone.

2. Neglect --lawyer simply doesn’t work on case in a reasonably timely manner.

3. Misses important deadlines.

If any of the above is true, you should seriously consider obtaining new counsel.

Some considerations before firing your attorney:

1.      Sometimes it is better to keep a problematic lawyer if you are close to a trial, hearing, or other event and there is not enough time for a replacement lawyer to prepare.  A judge may not allow the attorney to withdraw from representation; the lawyer ought to be able to tell you if your case is before such a judge.

2.      When interviewing new lawyers, you may give details about your case in complete confidentiality. Make sure the person you interview understands you have retained another lawyer with whom you are unhappy and plan on firing.

3.      It is safe to assume that some of the lawyers in the Atlanta area in any particular specialty know each other. If you bring your case to a new lawyer, he or she might call your current lawyer to get the scoop on you, the client. So, by all means, talk to your current lawyer, make sure he or she knows why you are unhappy and give your lawyer a chance to make amends.

When and if you do terminate your lawyer, you have the right to your file back in a timely manner. You cannot be billed for the copying of your file upon return unless it says so in the Fee Agreement.

It can be difficult for a client to know whether his or her lawyer is performing well or not. Sometimes even the best of lawyers does not achieve the desired result, and it may be due to a difficult set of facts, a bad judge, or unrealistic expectations. In all cases, communication is the key to making sure you are happy with your lawyer.  First, interview at least 3 lawyers before hiring someone. Once you hire someone and realize you may have made a mistake, let your lawyer know you have a problem. Give them a chance to clear the matter.  Unfortunately, there are poor lawyers out there. If you find you have hired someone who shows obvious signs of poor lawyering, like the ones listed below, it’s time to read my guide on how to choose a good lawyer, and start interviewing again.

Signs of a poor lawyer:

1. Poor communication --lawyer doesn’t return phone calls or emails on a same day or at least 1-day turnaround without good reason, or doesn’t copy client on important correspondence, orders, pleadings, etc. Note: your idea of speedy communication may be unrealistic. Make sure you both agree on communication before you hire someone.

2. Neglect --lawyer simply doesn’t work on case in a reasonably timely manner.

3. Misses important deadlines.

If any of the above is true, you should seriously consider obtaining new counsel.

Some considerations before firing your attorney:

1.      Sometimes it is better to keep a problematic lawyer if you are close to a trial, hearing, or other event and there is not enough time for a replacement lawyer to prepare.  A judge may not allow the attorney to withdraw from representation; the lawyer ought to be able to tell you if your case is before such a judge.

2.      When interviewing new lawyers, you may give details about your case in complete confidentiality. Make sure the person you interview understands you have retained another lawyer with whom you are unhappy and plan on firing.

3.      It is safe to assume that some of the lawyers in the Atlanta area in any particular specialty know each other. If you bring your case to a new lawyer, he or she might call your current lawyer to get the scoop on you, the client. So, by all means, talk to your current lawyer, make sure he or she knows why you are unhappy and give your lawyer a chance to make amends.

When and if you do terminate your lawyer, you have the right to your file back in a timely manner. You cannot be billed for the copying of your file upon return unless it says so in the Fee Agreement.