Legal Question in Business Law in New Jersey

Re: My lawyer won't return my calls!

I concur with Bob and John. A client is always allowed to change attorneys, even in the middle of litigation. You do not specify the nature of your problem, so no response can be given on this issue. If there are open fees, clients have the right to go to fee arbitration before the County Ethics Committee. There might also be an ethics claim if he has been handling the matter and dropped you in the middle of it. I suggest contacting another attorney, familiar with the matters involved, to assist you. I also agree that you should give written notice to your current attorney (best to send it certified mail, return receipt requested, so you have proof of its receipt) and explain why you have terminated his services. You could even give him the name and address of the new attorney and request all files be turned over to the new attorney. There may be some charges involved for duplicating costs. Contact me directly if you need further assistance or information.

Re: My lawyer won't return my calls!

You can fire your lawyer any time you want and for any reason or for no reason at all. You should notify the lawyer that you are doing this (phone with confirming letter; retain a copy) so that you are not charged for any further work.

You are still obligated to pay for any services provided up to the point of discharge. You are also entitled to have your file, although the lawyer may charge you a reasonable fee to make a copy for record purposes. The lawyer cannot withhold the file because of unpaid fees or a fee dispute.

These situations frequently generate fee disputes. Typically, the lawyer has performed work that is incomplete. The lawyer wants to get paid for the time spent; the client doesn't want to pay for work that has not produced any value. If this situation arises in your case, may I suggest that you take advantage of the fee arbitration process that is administered by the NJ courts. It is much quicker than a suit and the lawyers on the arbitration panel are frequently harder on the lawyer than a court might be.

Re: My lawyer won't return my calls!

You need another lawyer. You should find someone who has experience in area that affects you. Ask the attorney how many cases of this type he/she handled in the last 2 years, and be specific.

You may be in a fee dispute with your old lawyer. You can have a 'fee arbitration', which may be better than a court lawsuit over fees.

Please call if I can help. 973 890 0400