My Attorney Screwed Up My Case…What Are My Rights?
In general, attorneys make every effort to successfully manage a case for their client. However, there are times when the settlement does not come out as large as had been anticipated, and that determination will ride on various factors. Attorneys cannot always influence a case to be won, even after the best efforts to win the case are exhibited. It is a difficult fact of life that some cases will be won and others will be lost, which can upset the people expecting to recover monetary compensation for a loss that they suffered. You have basic rights if you feel that your attorney did not show enough effort to help you in this situation. This will help you understand the overall process of how cases are defended by an attorney once you have chosen an attorney to help you defend your case.
Why Do We Need Attorneys in the First Place?
Attorneys are educated extensively on all legal matters related to maintaining justice in our society. The attorneys working on cases in your area have passed their state bar examination and graduated from law school. Attorneys graduating from law school can also be at any age. With this knowledge, graduation, and state bar acceptance in hand, a new attorney is qualified to start working in some capacity at a law firm, public administration, or corporate level job to help uphold the laws of our country. Attorneys in these capacities work to help clients receive compensation when the client experiences a wrong against them.
Attorneys can come from all walks of life and usually have a passion for helping others to receive the compensation that the victims deserve when they suffer a legal problem with another person. Unfortunately, the average person does not have a good understanding of the laws, how they work, the specific laws of different states, and how to strategize to win a case when someone has suffered a legal wrong against the person. Attorneys are here to work for you to help you recover by understanding the legal system and to help you to win your case and grant justice for the wrongs performed by others in society.
Who Controls the Case?
Attorneys are knowledgeable legal professionals and usually have a plan in mind once they sign on with you as their client as to how they will go about winning this case for you. The majority of civil actions are settled well out of court, and therefore your attorney needs to have strong negotiation skills. The attorney, for this reason, is at all times in control of the case. The attorney has a duty to keep you as the client informed about the legal and court proceedings related to the case, how they are going, what actions and hearings are coming up, and what will happen next.
My Attorney Doesn’t Communicate Updates to Me
If you have an attorney who is not communicating the details of the case to you, it is important to speak up and express your concerns. Suppose there are important details that your attorney has missed in relation to your case. In that case, you need to take the time to sit down with your attorney and go over these finer points to make sure this information is included in your case documents and evidence.
What If My Attorney Screwed Up My Case?
The answer to this question will depend on what is meant by having the case be considered as “messed up” or somehow ruined. Rarely does an attorney botch up an entire case. Instead, the events of the case more likely as the case went to court, trial, or in a settlement did not go according to the client’s expectations. It is always possible to review your case with your attorney, especially when you feel that something has “gone wrong.” After discussing the particulars of your case and all updates to the case with your attorney, then it is the best time to determine if the case has been compromised or not by the attorney working for you in this situation.
What Are Your Rights Against Your Attorney?
All attorneys must abide by the attorney responsibility and professional representation codes of conduct for all states. These codes are outlined in the Model Rules of Professional Conduct that the American Bar Association lists for all attorneys in the country to follow. You can honestly ask the following questions of your attorney to determine if you have received the best representation possible from the attorney representing your case.
- Did the attorney explain the case to you?
- Did the attorney create a strategy for winning the case and share it with you?
- Did the attorney zealously represent you in this case?
- Was the attorney seeking an advantageous result for you in this case?
- Did the attorney use honest dealings with others at all times?
- Was the attorney competent, diligent, and prompt in dealing with the case?
- Did the attorney engage in any deceit, fraud, misrepresentation, or dishonesty regarding your case?
- Did the attorney keep all case information confidential?
- Did the attorney harass or intimidate others in relation to settling the case?
- Did the attorney use the law for legitimate purposes to resolve and settle the case?
If you take a good look at the above questions for your attorney, you might find that the attorney’s responses will show that the attorney used the proper procedures to get the best legal outcome for your case. Of course, there can be the case of high client expectations and a lower reward or recovery for the case. Does every case result in a $1 million dollar compensation package given to every client? The answer is “No”! Every case does not end this way, with the client receiving a multi-million dollar recovery package at the end of the case. If you watch attorney-related television shows or Hollywood-themed movies related to lawsuits and recoveries, you will think that once an attorney is hired, the result is always to win over a million dollars. This is not a reasonable assumption to make, and the truth is that most cases do settle for a fair amount of compensation in the end.
Leaving Your Attorney
When your attorney screwed up your case and you are dissatisfied with how you are being treated by your attorney, then it may be time to terminate the relationship and find an attorney who will better meet your legal needs. Once you have decided to leave your attorney, send a letter in writing to your attorney of your decision to leave. This formal statement that you are leaving your attorney needs to be in writing and put into your file. You will state that you are deciding to discontinue the relationship. If you need copies of documents that you have submitted returned to you, put that in the letter as well. Most attorneys will accommodate you in this request and may want to have one final discussion with you about what went wrong.
It can be stressful when you are tasked with choosing an attorney to represent you for your case. When you have an injury, an accident, or need to discuss your case with an experienced attorney, give us a call at the CEO Lawyer Personal Injury Law Firm. We will be happy to consult with you about your legal case, issues, and concerns. Our injury and accident attorneys are experienced in handling all types of legal cases, and we are ready to help bring a successful result to your legal case. We can bring you the peace of mind that you deserve in all cases. Call now; we are here for you every step of the way.