A lawyer’s betrayal: protecting yourself in the face of fraud.
The relationship with a lawyer is built on trust, a sacred bond that assumes they are acting in your best interest. But when that trust is broken, whether through incompetence, neglect, or outright fraud, the consequences can be devastating. Suspecting your lawyer of wrongdoing is a harrowing experience, but it’s a situation that requires a clear head and a proactive approach. Recognizing the signs and taking decisive action is not about being paranoid; it’s about protecting your rights and your future from a professional who has betrayed their ethical duty.
1. They are completely unreachable and never return your calls.
One of the most obvious red flags is a lawyer who is completely unresponsive. While lawyers are busy, a prolonged period of radio silence, especially when you are paying for their services, is a serious sign of neglect. They should be providing regular updates on your case and should be reachable within a reasonable timeframe.
This lack of communication can indicate that they are not working on your case, have lost interest, or are hiding a mistake they have made. It’s a clear signal that the professional relationship is not being respected.
2. They are unable to provide a clear accounting of your money.
When you hire a lawyer, you will often pay a retainer, which is money that is held in a special account for your case. A lawyer should be able to provide you with a clear, detailed accounting of how that money is being spent. If they are evasive, vague, or unable to produce a detailed record, it’s a major red flag for financial mismanagement or fraud.
This lack of transparency is a serious breach of trust. A lawyer is a fiduciary, meaning they have a legal and ethical duty to manage your money with the utmost care, and a failure to do so is a sign of a serious problem.
3. They are not filing the necessary paperwork or meeting deadlines.
A lawyer’s job is to navigate the legal system on your behalf, and that includes meeting all necessary deadlines and filing all required paperwork. If you find out that they have missed a deadline or have failed to file an important document, it’s a clear sign of professional neglect that could seriously jeopardize your case.
This incompetence can have devastating consequences, from a case being dismissed to a loss of a settlement. It shows a complete failure to fulfill their professional duties, which can be a form of fraud.
4. They are asking you to do work that is their responsibility.
While you are expected to provide your lawyer with all the necessary information, they should be the one doing the heavy lifting of preparing the case, filing paperwork, and communicating with the other party. If you find yourself doing more of the work than your lawyer, it’s a sign that they are not fulfilling their professional duties.
This can be a form of financial exploitation, as you are paying for a service that you are not receiving. A lawyer should be an advocate for you, not an administrator who delegates their work.
5. Their stories and explanations for delays are constantly changing.
When you ask your lawyer for an update on your case and their story is inconsistent or constantly changing, it’s a serious red flag. A lawyer who is honest and transparent will have a clear and consistent account of what is happening. A changing narrative suggests they are lying or hiding something.
This behavior can indicate that they are attempting to cover up a mistake or a lack of progress on your case. A lawyer who cannot be truthful with you is not a person you can trust with your legal matters.
6. You get a bad feeling about their professional reputation.
Trust your gut instinct. If you have a feeling that something is not right, it’s worth investigating. You can look up your lawyer on your state’s bar association website to check their professional standing and see if they have any disciplinary actions against them. You can also search online for reviews and news articles about their practice.
This due diligence is a crucial step in protecting yourself. While a few negative reviews may not be a deal breaker, a pattern of complaints or a history of disciplinary action is a clear signal that you should look for a new lawyer.
7. They are pressuring you to accept a low settlement.
A lawyer should always act in your best interest, and that includes fighting for the best possible outcome for your case. If they are pressuring you to accept a low settlement without a good explanation, it could be a sign that they are more interested in a quick payday than in your well-being.
This behavior can be a form of professional misconduct. It shows a lack of commitment to your case and a potential conflict of interest, where their desire for a quick resolution outweighs your financial interests.
8. You find out they have a history of professional misconduct.
If you have a feeling that your lawyer is a fraud, it’s essential to do some research into their professional background. Most state bar associations have a public record of disciplinary actions, and if you find a history of misconduct, it’s time to find a new lawyer.
This is one of the most serious red flags you can find. A lawyer with a history of professional misconduct is not a person you can trust with your legal case, and it’s a clear sign that you should seek new counsel immediately.
9. They have a history of not paying their own bills.
A lawyer who is financially irresponsible in their own life may not be the best person to trust with your financial future. If you find out that they have a history of not paying their own bills, it’s a sign that they may be unable to manage their own finances, which could spill over into their professional life.
While this may not be a direct sign of fraud, it can indicate a lack of professional responsibility and a potential conflict of interest. It’s a risk that is simply not worth taking when your financial and legal future is on the line.