How Do I Know If My Lawyer Is Doing a Bad Job?

Slow is not always bad

Most people who wonder whether their lawyer is doing a bad job are really asking why nothing seems to be happening. That is a fair question, and sometimes the answer is reasonable.

A good injury lawyer usually waits until you finish treatment, or your doctors say you have improved as much as you will, before sending a demand. Settling earlier risks leaving future care unpaid. Insurers take weeks to respond. Hospitals and clinics can take months to send records and itemized bills. Once a lawsuit is filed, a case can take a year or more to reach trial.

A better test is whether your lawyer is doing the work and keeping you informed along the way.

What your lawyer owes you

Every state sets rules on how lawyers must keep clients informed.

In California, Business and Professions Code section 6068(m) requires lawyers to respond promptly to reasonable status inquiries and keep clients reasonably informed of significant developments. California rule of professional conduct 1.4 adds a duty to consult with you about how your goals will be reached and to explain things well enough for you to make informed decisions. Rule 1.4.1 requires your lawyer to promptly tell you the amount and terms of any written settlement offer, and rule 1.2 says the decision whether to settle is yours.

Washington’s RPC 1.4 requires lawyers to keep clients reasonably informed about the status of the matter and to promptly comply with reasonable requests for information. Washington RPC 1.2 also leaves the decision whether to settle to the client.

In Texas, the case law on fees shows what courts treat as falling short. In Rocha v. Ahmad, the court upheld a jury’s finding of good cause to fire a lawyer who did not act as an ordinarily skilled lawyer would, pointing to delays, poor communication and months without action. In Texas that kind of record matters, because firing a lawyer with good cause limits what they can claim from your recovery. Our Texas-licensed attorneys, Joyce Ondich and John Efstathiou, review these facts on Texas cases.

Quick check: is it time to switch?

Answer each question yes or no. A single yes is worth raising with your lawyer. Several yes answers, especially ones that keep happening after you have asked, are a strong sign to get a second opinion.

Things that look bad but often are not

• A low first offer. Insurers often open low. The question is what your lawyer does next.
• Talking mostly with a case manager. Many firms use case managers for updates. That is fine as long as a lawyer is reachable when a real decision comes up.
• Advice to settle that you do not like. An honest lawyer will tell you when an offer is fair or when the risks of trial are high. Disagreeing with advice is different from being pushed without an explanation.
• No updates for a few weeks during treatment. Little happens on a claim while you are still seeing doctors.

If one of these bothers you, ask about it directly. A lawyer doing the job well should be able to explain the plan in a few minutes.

When it points to a real problem

Some patterns are hard to explain away. Silence that lasts a month or more after repeated messages. Offers you never heard about. A case that sat untouched for most of a year. Being told one thing by your lawyer and another by the adjuster. Learning that records were never ordered after you finished treatment long ago.

If you are in a lawsuit, watch for hearings you were not told about, discovery responses that were late, or a trial date that keeps moving with no explanation. When these things happen, the risk goes beyond frustration. They can reduce what your case is worth or put it at risk of dismissal.

If you feel your lawyer is not fighting for you, ask yourself what that looks like day to day. Write down specific dates and events. That record helps whether you stay or switch.

Questions to ask at your next update

A good update answers concrete questions. If you are not sure how your case is going, ask these, and write down the answers with the date:

1. What is the last date I can file a lawsuit, and is that date on your calendar?
2. Which medical records and bills do you have, and which are still missing?
3. Has a demand been sent? If not, when will it be?
4. Have any offers come in, written or by phone?
5. Do I have uninsured motorist, underinsured motorist or medical payments coverage on my own policy, and has a claim been opened?
6. Who should I contact for updates, and how fast should I expect a reply?

A lawyer who is on top of the case can answer most of these from memory. Vague answers to the deadline question in particular deserve a follow-up.

Raise it with your lawyer first

Many problems get fixed with one direct conversation. Send a short email or letter that lists your questions: what has been done in the last 90 days, what happens next, what your deadline is, and whether any offers have come in. Ask for a call with the lawyer, not only staff, by a specific date.

If a Texas lawyer will not respond, the State Bar's Client-Attorney Assistance Program helps with communication problems. In Washington, the bar's page on concerns about a lawyer explains your options. Our page on what to do when your lawyer won't call you back walks through the steps.

If it is time to switch

You can change lawyers at any time in California, Texas and Washington. When you hire us, we send the substitution or notice of new counsel, request your file and deal with your old firm's fee claim for you.

Money is usually the next worry. Switching to us does not raise your fee. Whatever your former lawyer is owed for their work comes out of our fee, not on top of it. Costs the old firm advanced are normally repaid from the recovery, as on any case. If there is no recovery, you owe no fees or costs.

Timing matters in one direction only. A second opinion while your case is open gives you choices. After you sign a settlement release, the case is generally over, and we cannot help.

See signs your lawyer is not working on your case, read our guide to switching lawyers, or contact us for a free review in English or Spanish. Call (310) 552-6959, 24/7.

Sources

1. Cal. Bus. & Prof. Code § 6068
2. California Rules of Professional Conduct (State Bar of California)
3. Washington RPC 1.4 (communication)
4. Washington RPC 1.2 (client decides whether to settle)
5. Rocha v. Ahmad, 676 S.W.2d 149 (Tex. App.—San Antonio 1984)
6. State Bar of Texas, Client-Attorney Assistance Program (CAAP)
7. Washington State Bar Association, Concerns about a lawyer