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I terminated one lawyer and hired another law firm for my…

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I terminated one lawyer...

I terminated one lawyer and hired another law firm for my son. Both are considered "super lawyers" and there's only 3-4 lawyers in Atlanta that specialize what I had to hire them for...Obviously, they all know each other working in then field that they do. Ive had my concerns that the previous attorney was still involved. Even court records show the previous attorney listed as counsel. When I approached the new law firm about this, they told me that it was the clerks fault for not updating the system. I went to calendar call one day and of course when my son's case was called they had the old attorney listed as counsel. Then a clerk said "there are 2 other lawyers working on that case..." Sadly, all 3 of them werent there...I emailed the new law firm and said "Looks like the judge is looking for updates..." Of course, I havent been able to reach them. Two days after court they finally filed a "substitution of counsel and Entry of Appearance Motion" The court records still show old lawyer as current counsel but now the new law firm is listed. I retained the new law firm 9/29/2017 and it was 2/23/2018 that they filed the motion for appearance.Oh and those were the only new motions filed since I've hired them. I don't see where they have done anything new to my son's case other than having him evaluated, which happened yesterday. I have a meeting with them tomorrow. Any suggestions on what I should say? Something in the lines of speaking their language so I don't sound like a dumbass...

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Has anything been filed or reported?

Yes

Submitted: 4 months ago.Category: Consumer Protection Law
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Answered in 16 hours by:
3/8/2018
Consumer Protection Lawyer: Sean K, Lawyer replied 4 months ago
Sean K
Sean K, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 870
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources.

I am sorry to hear that you are experiencing these issues. When you retain an attorney or attorneys, it is a must that you be comfortable with there representation, that you feel you can reach them and that they have your confidence. There is much more that goes into an attorney/client relationship, but those concepts form the foundation.

First, and this is not taking up for them or providing excuses, but I routinely experience delays, significant delays, in having Court records altered to reflect an accurate listing of counsel with the Court. In fact, just today I had to contact the Court on a case.

Take away here is that I would not focus on this, particularly if the Substitution of Counsel has been filed.

However, the delay between September and February is excessive. Most people attempt to have those filed within the first 30-45 days because it can take a while for the Court to update the records.

In large part, the approach you should consider taking is to generally use the overview that I have reviewed as your roadmap. Most importantly, never, never be concerned to have a discussion with your attorneys focused on their performance as your counsel.

You should explain that you have hired this firm, likely paying handsomely for their services and you have some expectations.

1 - The Court will know that they are representing your son.

2 - That they will be present at all hearing, will notify you and your son of the hearings and will be ready to meet with your son if there is a need.

3 - You will want to ask to review any correspondence, information, material or otherwise that they may have or have received relevant to your son's case.

4 - You want to know and want to review communications that they are having with the Court. If the Court wants updates, that is to be expected, but you need to know how they know that.

5 - You need to have an established and reliable method of reaching someone - an email that is checked and answered daily, the return of phone calls within 24 hours, a paralegal that you can speak to for general information. Likewise, make sure they have redundant contacts to reach you.

This is all really basic housekeeping that is to ensure that you are in the loop and know what is occurring.

The most important thing you can have is to have a clear and established plan for handling your son's case. What are the possibilities of different outcomes? What makes one more attractive or more challenging than the other? What is an estimated timeline to a resolution?

As well, you want to know what you and your son can do to assist? Do they need witnesses, to they need documents or evidence? Ask and find out.

Finally, ask them to commit to a meeting in the future and set it when you are there so there can be a line in the sand for them to be accountable to and ask for a list of what will be done between now and the next meeting.

Then at the next meeting, repeat this process.

I always caution that you should be able to pick up the phone and call your attorney everyday, but if the attorney is doing his job, you shouldn't have to. You want to get to this position.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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