How To Handle Conflict With Your Lawyer

What would you do if you had a conflict with your lawyer? Most people do not have a clue on how to handle such matters. Read the extract below to understand how you can handle disputes with your solicitor.

Negotiations

More often than not, disputes are caused by pricing errors and misunderstandings, such as a client's failure to understand the lawyer's terms and conditions. Therefore, write to your lawyer and make a complaint. Most professionals will resolve or clarify the issue. As a rule of the thumb, all communication should be in writing. It will serve as evidence if the problem escalates.

Check Available Dispute Resolution Mechanisms

The contract of engagement should contain a dispute resolution clause. Most lawyers consider mediation and arbitration as suitable conflict resolution methods. The interventions enable the client and lawyer to resolve their issues in confidence. It helps protect the lawyer's image and the integrity of the client.

Professional Bodies

If you are unable to resolve the issue through negotiation, mediation or arbitration, you could opt to report the lawyer to professional bodies such as your territory's law society or the Australian Bar Association. This is a suitable option to deal with professional misconduct such as intentional conflict of interest, failure to disclose critical information, hiding evidence, leaking confidential files or fraud. 

The professional body will investigate the case to establish who is at fault. You will need to provide evidence and facts about the issue. The lawyer could be penalised or disbarred if they are guilty of the offence.

Terminate Services

There instances when you feel that you are no longer comfortable with the lawyer handling your case. For example, if you think they have a lot of extra fees or cannot guarantee a win in court. The contract of engagement should allow you to terminate services at any time. You will have to clear pending bills, and the solicitor will return your documents.

Below are a few ways to avoid disputes with your lawyer:

  1. Avoid lawyers with a bad reputation.
  2. Read the contract of engagement to have a clear understanding of the lawyer's pricing, terms and conditions.
  3. Ask the lawyer to send regular bills to prevent confusion over pricing. 
  4. Deal with issues at an early stage. For example, if you are not pleased with the lawyer's conduct during negotiations, tell them at the earliest stage.

To err is human. As such, you should not be shocked if you have a dispute with your lawyer. Negotiation, mediation and arbitration are effective ways to settle the dispute. In severe cases, report the lawyer to a professional body or terminate their services.

For more information, contact a solicitor in your area.


Share