If you believe that your attorney is not performing his duties, the first step to resolve the problem is to talk with the attorney directly; tell the attorney about your concerns and ask for an appointment to discuss the matter. Often that discussion will clear up your problem.
Many problems between attorneys and clients are the result of poor communication. Both the attorney and the client are responsible for maintaining communication. The attorney has numerous clients and is often in court or working outside of the offices. You will not always be able to immediately reach the attorney. But, the attorney should respond to your telephone messages and letters promptly. Tell the attorney of your need for information and arrange a mutually agreeable time to contact the attorney.
If you are unhappy with the advice your attorney has given you, remember that you employed the attorney to obtain a professional opinion, not just to agree with you. You may, however, want to obtain a second opinion; always inform the second attorney of the purpose of the inquiry.
If you are still dissatisfied after talking with the attorney, you have the right to discharge the attorney and obtain another. If you do hire another attorney, you should tell the new attorney of the prior relationship and the problems you experienced. If your case is before the courts when you decide to hire a new attorney, a substitution of attorneys must be filed with the court to inform all parties that you are no longer employing the original attorney. Individuals are also entitled to act as their own attorney if they so desire; but, if this decision is made after the individual has been represented in the case by an attorney, notice to all parties and other attorneys is required.
Sometimes the problem involves a misunderstanding concerning the fairness of the attorney's fee. If that occurs, first discuss the problem with your attorney. If the two of you cannot satisfactorily resolve the matter, you may contact your local bar association for information.
The first step in resolving your problem should be direct contact with the attorney. That will usually work for both of you. You and your attorney are the two people who most want to resolve the problem. Contact your attorney first; then, if necessary, follow the other instructions.