WHAT IF MY ATTORNEY IS NOT ATTENTIVE TO MY CASE?
*** This information is provided subject to Litteral LLP’s Terms & Notices and is presented solely for informational purposes. Because this information is general in nature, it should not be relied upon or treated as legal advice or a substitute for legal advice. This information is presented in accordance with Litteral LLP’s aim of enhancing access to the law. Litteral LLP expresses no opinion as to the merits of a particular case or a particular set of facts.***
From time to time, a client may question whether an attorney is providing sufficient attention or care to a legal matter. This may be the case, where for example, an attorney is not reasonably available for questions, missed an important deadline, or is otherwise not ensuring the matter is progressing efficiently. It is entirely reasonable for a client to expect their attorney to represent their interests with commitment and dedication.
Indeed, providing diligent representation is central to an attorney’s responsibilities under the California Rules of Professional Conduct. Under Rule 1.3, attorneys “may not intentionally, repeatedly, recklessly or with gross negligence fail to act with reasonable diligence in representing a client.” That means that an attorney must act with “commitment and dedication to the interests of the client.” An attorney should “not neglect or disregard, or unduly delay a legal matter entrusted to the lawyer.”
Importantly, there are various factors that may affect the timeline of a matter, such as the complexity of the matter or external factors, such as court backlogs. If a client is concerned about the progress of their matter, the client may consider requesting more frequent updates and otherwise asking questions to understand the expected timeline and the reasons for any perceived delay.
A client’s right to diligent representation is one of many client rights underlying an attorney’s duties under the Rules of Professional Conduct. In the event a client feels that their matter is not being handled with the attention it deserves, they have the right to withdraw from the attorney-client relationship. The right to withdrawal may be subject to court approval in some matters and the attorney may have a claim for the value of services rendered to the point of discharge. Any individual considering legal recourse should consult a qualified attorney who can evaluate the applicable laws, relevant legal developments, and specific facts of a given case.
*** This information is provided subject to the disclaimer above and Litteral LLP’s Terms & Notices.***