Q: SSDI- Looking to replace lawyer 2 months prior hearing due to lack of cooperation
SSDI hearing. Less than 2 months before set court date- my lawyer isn't responding to my numerous requests to answer questions and/or updates in documentation.
Is it realistic to replace a lawyer in this time frame? Is their hesitance to communicate with me by phone is a legitimate reason to end our relationship?
Within this time frame I do receive their cc communication with the court by mail.
But, again, I have many questions and updates in case which I want to discuss in personal conversation.
A:
This is a challenging situation, and I understand your frustration with the lack of communication from your lawyer.
Here's some advice to consider:
1. Replacing a lawyer this close to your hearing date is possible but can be risky:
- It may be difficult to find a new lawyer willing to take on your case with such short notice.
- A new lawyer would need time to review your entire case file, which could be challenging in less than two months.
- Changing lawyers might potentially delay your hearing date.
2. Before deciding to replace your lawyer, try these steps:
- Send a formal written request (email or letter) to your lawyer, expressing your concerns and requesting a phone call or in-person meeting.
- If you haven't already, contact the law firm's office manager or a senior partner to discuss your communication issues.
- Check your retainer agreement to understand the terms of communication you agreed upon.
3. Lack of communication can be a valid reason to end a lawyer-client relationship, especially if it's impacting your case preparation. However, some lawyers prefer written communication for record-keeping purposes.
4. If you decide to change lawyers:
- Start looking for a new lawyer immediately.
- Ensure any new lawyer can commit to being prepared for your current hearing date.
- Be prepared to possibly request a hearing postponement if needed.
5. Remember that your current lawyer must turn over your entire file to you or your new lawyer if you decide to change representation.
6. Consider filing a complaint with your state bar association if you believe your lawyer's lack of communication constitutes professional misconduct.
Given the short timeframe before your hearing, it might be more practical to make a final attempt at improving communication with your current lawyer. If that fails, then consider changing lawyers, understanding the potential risks involved.
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