Noncommunicative attorney

[trying_my_best]

My husband's attorney never calls us back.  We have been trying to talk to him for weeks.  His secretary always takes a message and says she'll have him call back.  He never calls.

This weekend the ex-wife pulled another stunt.  My husband called his attorney at home and asked for advice via voice mail and the attorney didn't call back.  Today (8/25/2007), my husband did what he thought was his best course of action and his ex-wife found out about it.  So now we have issues with the ex and with the person who broke my husband's confidentiality by calling the ex rather than calling him to discuss the issue.  The ex is threatening legal action:  "...your life as you know it is OVER!"

My husband has left urgent voicemails at his attorney's home, cell, pager, and office.  The attorney still hasn't called back and it's been 3 hours.

Is this "unethical" on his part or are we just being whiney?

[Zephyr]

seems like this is common practice for many attorneys- one thing that may get him to actually work with your hubby is a short note along the lines of


Dear DeadbeatAttorney,

I have left messages with your secretary at the following dates and times and asked for a return call

date time
date time
date  time
etc

you have not returned any of these calls, if you are no longer interested in representing me then kindly return the retainer I  paid to you and I will find an attorney who can and will represent me effectively. If you are interested in  continuing your participation in my case, then I expect any calls in the future to be returned within 24 hours.






polish it up however you like, but basically lay out the issue, tell him how you want the situation handled in the future and what the consequences are. My first attorney was like this- he ended up losing his license halfway through my case....

[mistoffolees]

It's not unethical, it's just inconsiderate and incompetent.

I wouldn't waste the time with him. I'd find another attorney and then write to him stating that you want your retainer returned to you in full since he never represented you in any way.

However, before doing that, I'd be sure that your facts are correct. "We have been trying to talk to him for weeks.....he never calls" is a pretty harsh indictment. if you're comfortable that it's completely true, then drop him. If you're exaggerating, then make sure you have your facts right before acting. The reason I make this comment is that your third paragraph is complaining because he hasn't called you back within 3 hours. Sorry, but that's just plain unreasonable - even if it's during office hours. If it's outside of office hours, it's even more unreasonable. If you have a threat that involves physical harm, call the police. A threat of legal action isn't something that requires a response within a couple of hours.

[ocean]

Make an appointment to see him today if possible. Tell the secretary that you have an urgent matter that you need to discuss with him and you want an appointment for this afternoon (or tomorrow am) ...bring in the dates/times you have called (always keep records of everything). If he does not come through, then go get another lawyer.