Legal Question in Legal Ethics in Florida

My attorney will not return my calls or faxes

My brother has been in county jail for 14 months and his attorney refuses to contact him or his family regarding his case. In 14 months he sat with my bro. for 30 min. the first week he was in jail. Twice his hearings have been postponed and his attorney did not let him or us know. We call repeatedly, yet he rarely returns calls. Six times in the last four weeks I have called, but my calls have not been returned. The attorney has NEVER taken a statement from him to hear his side of the story. Neither my brother nor we have any idea what is going with his case. We have discussed this with the attorney via phone calls (just a few) and letters, but he only becomes irate.

What can we do about this?


Asked on 7/11/01, 1:04 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: My attorney will not return my calls or faxes

1. Have your brother send his lawyer a certified letter, return receipt requested, clearly setting forth his questions. Keep a copy. Give a deadline no less than 10 days from the date of mailing.

2. Family is not entitled to consult with the lawyer because of the requirement of confidentiality. That can be waived only by the client, and only in writing. Family is not entitled to the information without such a waiver.

3. File a complaint with the bar association if the letter doesn't get the desired results.

4. Skip the above, have brother fire this attorney by letter as described, hire another who will communicate better.

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Answered on 7/11/01, 3:34 pm


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