Getting lawyer to return calls could require persistence, money
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circums
Q: How can I get my attorney to return my calls and provide me with an update on my case? He said it would be completed in May, and it’s August now. I’ve left countless messages with his secretary. We’ve been
working on this matter for nearly three years.
A: I can think of four possible options.
First, you could call his office daily until you finally get a call back. Sometimes, when a lawyer is really busy, clients who are the most vocal get their cases attended to right away.
Second, you could show up at his office one day and, if he is there, insist that he take a minute to talk with you and provide you with an update on your case.
Third, you could hire another attorney and request that the new attorney have the old one removed from your case. Of course, this option will no doubt cost you a lot more money, as the new attorney will need to get up to speed on the matter.
Fourth, as a last resort, you could file a grievance against your attorney. If you go to the website for the State Bar of Texas (texasbar.com), there are pages and pages of materials about filing grievances, including an online form to do so. The section called “Is filing a grievance the right option?” lists examples of conduct that would be grounds for filing a grievance. The first example is: “The lawyer does not return client phone calls, emails or letters.”
Clearly, you are not alone when it comes to a lack of attention from an attorney. A grievance will undoubtedly get your attorney’s attention because if he doesn’t respond and address your concerns, he could get suspended and not be allowed to practice for a period of time. Ultimately, he could even lose his license to practice law.
Be aware that if you file a grievance, it is unlikely your lawyer will happily finish up on your case. Even though it appears you are not at fault, your attorney might see things differently. You will probably need to hire a different attorney because the working relationship with your existing attorney will be so impaired.
Q: My wife and I had mirror wills until a few weeks ago. She changed the beneficiaries who get our property if I’m not alive. The attorney rewrote her entire will at great expense. Can I write my own codicil doing the same thing to avoid this cost?
A:
Probably. But keep in mind, the lawyer may have had a good reason to replace your wife’s old will, and that reason might apply in your case. Also, it’s risky to prepare your own codicil without the help of a lawyer.
Ronald Lipman, of Houston law firm Lipman & Associates, is board certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@ lipmanpc.com