Dissatisfied with your lawyer? Insider tips and everything you need to know
All too often, we hear that clients are dissatisfied with previously retained attorneys. The reasons are many and varied, and by no means in every case can the colleague in question be blamed. Nevertheless, I have decided to say in this article what needs to be said. Many colleagues will not be enthusiastic. However, we see no reason to protect "black sheep." The problem is that in a dispute between lawyer and client, the client is naturally at a disadvantage, since the lawyer by profession knows best about legal matters. To prevent this from being exploited, I explain in this article how best to proceed if you are not at all satisfied with the work of a lawyer.
1. the lost lawsuit
When a legal dispute does not turn out the way one had hoped, it is not always a fault of the lawyer. The outcome of legal disputes depends on many circumstances that the lawyer cannot influence. Nevertheless, it is the lawyer's task and duty to avoid, as far as possible, that the client experiences unpleasant surprises. He is obliged to examine the factual and legal situation at every stage of the lawyer's activity and to recommend an appropriate course of action to the client. This also means that the lawyer must advise against any action that is either futile from the outset or unnecessarily expensive. In representing the client, the lawyer must take all necessary measures to achieve the legal protection objective. In doing so, he must always choose the safest way. According to the case law of the Federal Court of Justice, a lawyer is obliged to work extremely carefully and is expected to have an almost superhuman knowledge. Thus, the lawyer must examine the legal situation comprehensively on the basis of all the case law issued by the highest courts on the respective matter. The lawyer must point out risks in good time so that the client can decide for himself whether he is prepared to take a risk. If a lawyer does not fulfill such an obligation, he is obligated to compensate for the resulting damage.
How can you now proceed if you feel that the lawyer has done a bad job? Suppose the lawyer has advised you to sue your neighbor, but the court has dismissed the suit soundly because the asserted claim does not exist for legal reasons. In such a case, there is a suspicion that the lawyer did not carefully examine the legal situation from the outset or failed to point out existing risks. This is extremely annoying for the client concerned, not least because he now has to bear the entire costs of the lost legal dispute. In such a case, it is advisable to have another lawyer check whether the first-appointed lawyer made a mistake that could oblige him to pay damages. The law firm TREWIUS Rechtsanwälte would be pleased to offer you a free initial consultation to assess the prospects of success in such a case.
2. claims for damages against the lawyer
If the assessment of an independent lawyer comes to the conclusion that there has been a breach of duty by the lawyer and that there is a claim for damages, the lawyer should be instructed to assert the claim for damages against the previous lawyer. If there is actually a claim for damages, the lawyer obliged to pay damages must also bear the costs of the lawyer commissioned to assert the claim for damages. If a legal expenses insurance exists, it usually bears the cost risk.
By the way, there is no need to be afraid that the lawyer who is being sued might be insolvent, since every lawyer has a liability insurance for such cases, which pays for damages resulting from the lawyer's activity.
3. the idle lawyer
If one believes the numerous complaints, many lawyer colleagues seem to suffer from chronic work overload. At the very least, many clients tell us that their previous lawyer simply did nothing for months and in some cases even years.
What can you do if you feel that your lawyer is neglecting your case and nothing is progressing? First of all, you should write to the lawyer and ask him to tell you what the further procedure is and how long it will take. If there is no satisfactory answer or one excuse follows another, it must be assumed that the lawyer does not give sufficient priority to his own case. In this case, you should set the lawyer a reasonable deadline.