How to Tell if Your Lawyer is Betraying Your Interests

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Check for these warning signs when evaluating your lawyer
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A lawyer is selling you out if they’re behaving in a way that’s beneficial for them but not for you. While this is very rare if you’re working with a reputable attorney, it can happen if they’re less than honest. You’ll normally know if a lawyer isn’t working hard for you if you feel like an afterthought, they don’t keep you in the loop, or they’re pushing you to settle. In this article, we’ll walk you through all of the warning signs—and what you should do to find a better lawyer to replace them.

Things You Should Know

  • A lawyer may not be right for you if they miss key deadlines or seem generally uninterested in your case.
  • If your lawyer surprises you with the bill or pushes you to settle, it’s a sign they don’t have your key interests at heart.
  • Rely on recommendations and reviews to find a lawyer. Before you hire an attorney, meet with them to see if you two get along.
Section 1 of 2:

Signs Your Lawyer Isn’t Treating You Right

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    It’s hard to overstate how important deadlines are to court cases. In many cases, failing to file the proper motions in time and meeting key time requirements can be the difference between an acquittal, a dismissal, and a conviction or judgment. If your lawyer seems to consistently miss key deadlines, it’s time to look for a new lawyer. [1]
    • Even if your lawyer isn't missing deadlines, they might be procrastinating by continually asking for a continuance (asking the judge to extend the deadline). This could be a trial strategy or it could be a sign that they're putting your case on the back burner.
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    If your attorney isn’t engaged when you two meet, they cut your sessions short, they don’t seem to listen to details, or they seem to forget things you tell them, it’s a sign that they're not very engaged with your case. You're paying your lawyer to advocate for you and a strong advocate is engaged and interested. [2]
    • Even if you’ve got a public defender for a criminal case, they’re legally (and morally) obliged to do their best for you. They may seem tired or overworked, but they shouldn’t be disinterested.
      • If you do think your public defender isn’t doing their job, you may want to consider hiring a private attorney. Unfortunately, you don’t get to choose who your public defender is. [3]
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    If you don’t want to settle, your lawyer shouldn’t keep harping on it. Settlements are often a good idea if your lawyer can get a good deal, but they only go forward with your say-so. If your lawyer won’t stop pushing you to settle, it could be a signal they’re just trying to get the case over with. [4]
    • If your lawyer seems good outside of this one specific issue (trying to get you to settle), they probably seem pushy because they genuinely believe it’s the best move.
      • Ask them why they’re so intent on pushing. Maybe they just haven’t explained it properly.
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    Part of a lawyer’s job is to walk you through everything they’re doing. Court rules and procedures can be complex, but a good lawyer will break everything down as it happens and let you know what's going to happen next and where you are in the process. If your lawyer isn't doing that or if you're confused about what's going on with your case, it might be time to look for a different lawyer. [5]
    • Your lawyer should cover everything that happens with each appearance. A single case could have dozens of meetings and hearings, but you should get a summary of each one from your lawyer.
    • Your lawyer should also explain your options whenever your case reaches a decision point. If the other side offers to settle, your lawyer is obligated to tell you about it.
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    A good lawyer calls you back or replies to your emails promptly. If you have to leave a dozen messages before your lawyer bothers to call you back, you might want to look for a lawyer who communicates more frequently. [6]
    • Attorneys are bound by professional ethics rules that require them to communicate regularly with their clients. The rules don't dictate how an attorney has to keep their clients updated, though. [7]
    • When hiring an attorney, let them know your preferred method of communication and find out what theirs is as well. That'll make it easier for you to keep in touch through the course of their representation.
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    Lawyer fees and costs can be confusing, so good lawyers will make sure there are no surprises by breaking everything down ahead of time. Some lawyers charge an hourly fee and require you to pay for a certain number of hours up front (this is a "retainer"). Other lawyers don't charge you anything to take your case, but get a percentage of any award or settlement you receive. [8]
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    The legal profession requires a lot of confidence if you want to be successful. Your lawyer might not necessarily be selling you out if they don't seem confident, but they probably aren't the best lawyer—and you could probably do better. [9]
    • This applies to your specific case as well. If your lawyer doesn't seem confident about your chances of winning your case, you're probably better off finding a lawyer who will fight for you.
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    A good lawyer has to be part therapist in a lot of ways. Cases often touch on personal and emotional issues. If you don't feel comfortable talking about what you need to talk about with your lawyer, they're not going to be an effective advocate for you.
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Section 2 of 2:

Finding a Better Lawyer for You

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    If you have any friends or family members who have had good experiences with lawyers in the past, consider reaching out to them. You can read as many reviews as you want, but at the end of the day, there’s no good substitution for a recommendation from someone you trust. [10]
    • Don’t be embarrassed about asking people for lawyer recommendations. Millions of people go to court every year for a variety of reasons—it’s a lot more common than you’d think.
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    Don’t trust the first set of reviews you stumble across. Look at Yelp, Google Reviews, and Avvo, which is a site designed specifically for reviewing lawyers. If a lawyer has dozens (or even better, hundreds) of positive reviews, they have a reputation to uphold and will likely work diligently for you. [11]
    • Don’t trust any reviews you find on a lawyer’s website. It’s not that they’re necessarily fake, but they’re probably cherry-picking the most positive quotes.
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    Most attorneys offer a free consultation that allows you to get to know them and see what they're like in person. This gives you the opportunity to see if you feel comfortable opening up to them. The atmosphere of their office also helps you understand more about how they operate. [12]
    • Your lawyer should also seem passionate. If they sound completely bored or exhausted when you talk with them, they probably aren’t the best lawyer for you.
    • A good lawyer should also be able to follow your legal situation and explain it back to you.
    • If you don’t like an attorney, don’t hire them. You should personally get along with the person representing you.
    • Some lawyers do charge an initial consultation fee. So long as they’re upfront about it, there’s nothing wrong with this—it’s pretty common among larger law firms.
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      Tips

      • It’s completely normal for multiple people to be working on a single case. If your lawyer mentions someone else at their office digging into something, it’s not a red flag. [13]
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      • A lawyer should never violate confidentiality. If you get word that your lawyer has shared personal information with someone else, cut ties and contact your state’s BAR association to file a complaint. This is a big deal and it shouldn’t go unreported. [14]
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      • Just FYI, lawyers are legally restricted from “selling you out” in a way that means “intentionally lose your case.” They may not be doing their due diligence—there are certainly lazy and bad lawyers out there—but they aren’t engaging in some kind of clandestine effort to lose your case.
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      References

      1. ↑ https://www.utcourts.gov/en/legal-help/legal-help/procedures/filing.html
      2. ↑ https://www.isba.org/public/guide/hiringalawyer
      3. ↑ https://www.nolo.com/legal-encyclopedia/the-public-defender.html
      4. ↑ https://www.isba.org/public/guide/hiringalawyer
      5. ↑ https://legalvoice.org/working-with-a-lawyer/
      6. ↑ https://www.calbar.ca.gov/Public/Free-Legal-Information/Resolving-Problems/Problem-with-a-Lawyer
      7. ↑ https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications/
      8. ↑ https://www.isba.org/public/guide/hiringalawyer
      9. ↑ https://www.avvo.com/legal-answers/i-m-losing-confidence-in-my-lawyer-what-should-i-d-5393293.html
      1. ↑ https://www.calbar.ca.gov/Public/Free-Legal-Information/Before-Selecting-an-Attorney/Finding-the-Right-Lawyer
      2. ↑ https://www.americanbar.org/groups/public_education/resources/public-information/how-do-i-find-a-lawyer-/
      3. ↑ https://www.americanbar.org/groups/public_education/resources/public-information/how-do-i-know-if-a-lawyer-is-right-for-me-/
      4. ↑ https://www.americanbar.org/groups/public_education/resources/public-information/how-do-i-know-if-a-lawyer-is-right-for-me-/
      5. ↑ https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/comment_on_rule_1_6/

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