How to Tell if Your Lawyer is Betraying Your Interests

• 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.

Signs Your Lawyer Isn’t Treating You Right

They miss deadlines and appointments. 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. Even if your lawyer doesn’t mention missing deadlines, you can kind of tell they’re not staying on track if they seem to keep filing or asking for continuances. Continuances are basically a lawyer’s way of asking a judge for an extension.

They seem disinterested in your case. Even if your case isn’t especially interesting on its own, lawyers get paid by the hour—they should be more than excited to sit around talking about what’s up with your case. 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 not a good sign. 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.

They’re pushy about settling. 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. 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.

They don’t explain what they do for your case. Part of a lawyer’s job is to walk you through everything they’re doing. Court can be complicated—there are terms, rules, and procedures that no non-lawyer would ever be able to understand. So, your lawyer should break everything down as it happens. If they don’t, they aren’t doing their job correctly. Your lawyer should cover everything that happens with each appearance. A single case may have up to a half-dozen appointments, and your lawyer should discuss what happened after each appearance. Your lawyer should also explain your options whenever your case reaches a decision point. They should point out when you can settle, when you can’t, etc.

They’re unresponsive. Your lawyer should be calling you back promptly, replying to any emails, and communicating with you regularly to let you know what’s going on. If your lawyer isn’t reasonable about getting back to you, you may be working with a lawyer who doesn’t care about your case the way they should. There are actually rules in the American Bar Association’s Model Rules of Professional Conduct regarding communicating with clients. The only thing not mentioned is phone etiquette. As a result, if they respond everywhere except the phone, it’s a sign they’re only diligent when they need to be. You may want to find another lawyer.

They aren’t upfront about the costs or bills. Lawyer fees and costs can be confusing, so good lawyers will make sure there are no surprises by breaking everything down ahead of time. Lawyers will generally charge an hourly fee, a retainer, and additional fees for specific tasks, like expert witness analysis. In any case, you should never be confused or surprised by the bill if your lawyer is any good. You can try negotiating a lawyer’s fees. Just be clear about what you can afford and put everything in writing ahead of time. If you’re ever confused by the cost, ask your lawyer for an itemized receipt. Any decent lawyer will give you a breakdown of the fees. If you can’t afford a private lawyer, research your local legal resources to see if you qualify for free help. Some lawyers will also work with you on a payment plan.

They don’t seem confident. Lawyers—by nature of their job—need to be good at public speaking, able to show some pizzazz, and self-assured enough to pull quick arguments out of thin air. If your lawyer doesn’t scream “I can talk my way out of anything,” it’s not a good sign. Your lawyer may not be selling you out if they aren’t confident, but they probably aren’t a great lawyer. The fact that lawyers need to be eloquent and slick is likely where the stereotype that they’re just car salesmen in fancy suits comes from. When it comes to court though, their silver tongue is a feature, not a bug.

They don’t make you feel comfortable. A good lawyer is kind of like a good therapist. If you don’t feel relaxed enough to open up to them and share your concerns, it’s not a sign they’re a quality lawyer. You should be able to ask questions, raise concerns, or express yourself without feeling weird about it. If you do, get a new lawyer.

Finding a Better Lawyer for You

Get recommendations from people you trust. 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. 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.

Look at multiple review sites. 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. 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.

Meet with the attorney to see if you vibe with them. You should like your attorney and feel comfortable talking to them. Before you hire them, meet them in person. Make small talk, ask them about their practice, and just get a general sense for how they operate. If you enjoy talking to them and you two seem like a good fit, they’re probably the right lawyer for you. 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 charge an initial consultation charge. So long as they’re upfront about it, there’s nothing wrong with this—it’s pretty common among larger law firms.