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Roger, Attorney
Category: Business Law
Satisfied Customers: 31684
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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What to do if my attorney is not responsive to my request I

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What to do if my attorney is not responsive to my request

I am planning to launch a business lawsuit. Since my attorney wrote the first letter more than a month ago, there is no response from the defendent. It too more than two weeks for my attorney to draft the filing document. I reviewed and returned to him in less than two days. I expect the filing move ahead. Another week passed, nothing happened.
I keep sending email and leave voice mail. He only respond to me very occationally.
I am quite frustrated on the pace. I wonder if he keeps dragging his feet like this, shall I have problem when the trial really starts.

I am not sure I need to switch attorney or not.
Hi - my name is XXXXX XXXXX I'm a Business litigation attorney.

If your attorney is not properly responding to you and not keeping in touch with the progression of your case, that is usually a tell tale sign that this is the way things will be for the duration.

I would highly recommend that you try to have a face to face meeting with the attorney, explain your concerns and ask him if he's willing to keep you informed and stay on top of your case. If he says he will, it's worth a shot to stay with him becaue hiring a new attorney and bringing him/her up to speed will cost you $$$$.

Thus, I would not recommend changing attorneys until you have a heart to heart with your current one. If you walk away from that meeting with bad feelings, then you should consider making a change before the litigation heats up.
Customer: replied 4 years ago.

Thanks. I am in different state. It takes me minimum five hours driving to meet him face to face.

Yes, I do not like to change attorney. But now I even hard to get a chance to speak to him (not answering phone/voice mail/email). He may answer those in around a week. Last time, I sent five email and phone calls to get one response.


By the way, should the plaintiff pay the filing fee ? I ask the attorney if the filing need to write check to do so, but no answer.

The distance certainly makes a difference. In this case, you may have to send him an email with an ultimatum containing what you would tell him in person and ask for a response within a business day. That's not too much to ask for any lawyer.

If he is non-responsive, you may need to move on.

Also, yes, the filing fee is paid by the plaintiff. Usually, the attorney will cover the fee and bill it back to the client.
Customer: replied 4 years ago.

we didn't sing attorney client agreement. He sent out a settlement letter and then drafted a document for filing. Do I have to make it clear how much I owe him? He charges $250/hour. Without written attorney client, what if a dispute on the billed amount. Any rule of thumb?

You will need to ask him to provide you with an itemized bill for his services, and if you dispute any of the items on the bill, you can address that with the attorney.

The rule of thumb is certainly to get a detailed bill. Most attorney bill to the 1/10 of the hour (every 6 minutes), so a detailed billing should not be an issue.
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