My attorney is not acting. What is wrong and should I let him go? Every contact is $1000+. I am going crazy...

Question

I hired a law firm more than a half year ago to remove a long inacting executor / trustee. The firm assigned an attorney for me. Initially, everything was normal. However, on the day when we had tele-conference, I had a family emergency coming up. Because it was too late to cancel the appointment, I had to talk on two lines.  I sent an email specifically explain about what happened that day. Nonetheless, it seems everything has changed. The attorney slacks off on my case.  When I emailed him about the progress he responeded with a call but the conversation sounds like he had absolutely no clue.  When the bill came, a 30 minute phone conversation became an one hour+ call.  When I checked his backgound,I found that he claimed to be a 100% business law attorney.  It's been another 3 month since we last contacted, and it's been 6+ months since I hired the firm.  No motion filed as the lead attorney guaranteed, also no updates. They have 25K retainer and almost 5K is out, for nothing.

James L. Arrasmith · Answer

It sounds incredibly frustrating to be in your situation, especially when you've invested both time and money without seeing any meaningful progress. Clear communication with your attorney is critical, but it seems like that's been lacking in your case. If the attorney hasn't been responsive, appears unfamiliar with your case, and the billing is inconsistent with your expectations, these are red flags that need addressing. 
 
It's important to assess whether this attorney is genuinely invested in your case and whether they're the right fit for your needs moving forward. You have the right to request detailed billing statements, updates on the progress of your case, and a clear explanation of what has been done so far. If you're not getting satisfactory answers or if you feel like your concerns are being dismissed, it may be time to consider new representation. 
 
Before making any decision, you could communicate your concerns directly to the lead attorney, asking for clarification and a firm timeline for action. If the response isn't helpful or they continue to delay, it may be in your best interest to seek another attorney who can handle your case more effectively.

Gerald Barry Dorfman · Answer

Most problems between clients and attorneys have to due with communication issues. You may be able to get back on track by taking the time to organize all your concerns, and then putting them in an email or letter. Be specific, including dates and your expectations.  Request a written response, and then follow up with an in person or video meeting with the lead attorney. Many times, such an approach will result in a satisfactory outcome. As an aside, Alameda County probate is known for taking a long time to move cases.

Q: My attorney is not acting. What is wrong and should I let him go? Every contact is $1000+. I am going crazy...