The Common Law

My Lawyer Won't Return My Call

I hired a lawyer for my divorce and paid him a $2,500 retainer. I've called him a lot in the last month, and I can't get through to him, and he hasn't returned any of my calls. What can I do?

I recommend that you contact your lawyer in writing. Sending a letter via certified mail to your lawyer that outlines your previous attempts to communicate with him should generate a return phone call. You may want to consider hiring another lawyer if your lawyer's nonresponsiveness persists.

How do I file a grievance or complaint against my attorney?

Lawyers in Texas are held accountable to a set of rules called the Texas Disciplinary Rules of Professional Conduct. If you believe that an attorney has violated these rules or has otherwise engaged in misconduct, you may report this information to the State Bar of Texas (the organization that governs attorney conduct in Texas) in the form of a grievance. The grievance system against attorneys is designed to protect the public from unethical lawyers. Allegations of attorney misconduct are very serious and reviewed carefully.

The first step in filing a grievance is to complete a grievance form (available at www.texasbar.com, click on the "Client Assistance & Grievance" link), and submit it to the State Bar chief disciplinary counsel's office. You can also call the State Bar of Texas (800-932-1900) for more information on filing a grievance. When submitting your grievance form, you should also send copies (not originals) of any documentation – such as letters, pleadings, receipts – that may be helpful in understanding your grievance. It is very important to know that signing the grievance form waives the attorney-client privilege that might otherwise keep discussions between you and your lawyer confidential. Waiver of the attorney-client privilege is necessary for the State Bar to review your grievance in its entirety.

You may also want to consult with an attorney to help you decide if there are remedies other than filing a grievance. Keep in mind that not every disagreement between a client and attorney rises to the level of professional misconduct. For example, just because an attorney loses a case or gives advice you disagree with, it does not mean the attorney has violated a disciplinary rule.