Thanks to the eloquence and pitch-perfect legal acumen of fictional lawyers who roar their way through TV, movies and the latest formulaic John Grisham bestseller, we’ve come to think of their real-life counterparts as crafty defenders of justice, masters of the courtroom confabulation. Who wouldn’t want Sam Waterston of Law & Order fame on his or her defense team—even if he is moonlighting as a shill for investment bankers?
The fact is, less-than-stellar lawyers are easier to find than pop culture lets on. Take the case of Elisa Deluca, on trial with her husband nearly a decade ago for masterminding a multistate drug ring that shipped cocaine and heroin to St. Louis. After five weeks of disclosure and cross-examination, her lawyer stood for his closing arguments, his last chance to plead for her exoneration. “What can I say?” he said with a shrug, and sat down. She went to jail for life.
Or consider the local attorney whose billboards are never far from view, and who always finds a way to make himself scarce when clients come knocking. (Don’t try him at his office; he won’t answer. You’ll have much better luck if you stake out the coffeehouse next door.)
Sure, not all attorneys are so cavalier with their clients’ well-being, but last year alone more than 250 claims of legal malpractice were closed in the state of Missouri, according to the Missouri Department of Insurance, and that doesn’t include instances in which clients fired their lawyers for falling asleep in court or showing up with another client’s file.
Want an attorney who knows the difference between ex parte and ex post facto? Start by doing your research. “Word of mouth from people who have had experience with an attorney is the best way to pick a lawyer”—and avoid problems in the courtroom—says Gary Lynch, associate circuit judge of Polk County. “And don’t be afraid to ask the attorney for references.”
As the chair of the Missouri Bar Complaint Resolution Program, Lynch has played couples counselor to plenty of lawyers and their unhappy clients, and lack of communication is often the cause of a soured relationship. “It’s not reasonable to expect an attorney to call you back five minutes after you leave a message, but if you’re waiting days to hear back, it could be a sign you have a problem,” he says.
Missed deadlines are another red flag that tells you it’s time to object. Lynch says to start with a call to the Missouri Bar Association’s Office of the Chief Disciplinary Council (573-635-7400, www. mochiefcounsel.org). This office usually handles serious ethical violations, but staffers will also tell you if other concerns are justified.
If they are, it’s time for a face-to-face conversation—if you can get your attorney to return your calls. “Explain what’s bothering you,” Lynch says, “and if, after the conversation, you’re not satisfied, discharge the lawyer and find a new one.”
Similar to the dreaded post-breakup ritual of retrieving your toothbrush and favorite sweatshirt from your ex’s abode, you’ll want to pick up your file from your recently released attorney. Don’t feel too bad—just like your ex, there’s a good chance there’s already at least one warm body to take your place.
Once you’ve officially parted ways (i.e. gotten it in writing), it’s time to find a new lawyer. Do it quickly, unless you’re considering going it alone—and you’ve no doubt heard the old joke about the client of the attorney who represents himself. Referrals from friends are always helpful, but if you don’t run in a circle that regularly requires legal advice, try the Bar Association of Metropolitan St. Louis’ lawyer-referral service (www.bamsl.org/public/find_law.html, 314-621-6681). Lawyers voluntarily enroll in the program and are screened for competency and matched with clients on the basis of the case. Then, of course, there’s the magazine you’re holding in your hands right now, but we didn’t need to tell you that.
Best of all, exchanging lawyers won’t cost you a thing—financially or otherwise. Your former and new attorneys will file the appropriate paperwork with the court explaining why you have someone new sitting at your table, and there’s no fine for changing representation midtrial.
Lest you want to develop a reputation for getting around in the legal community, give your new attorney a chance. Lynch points out that you can always get a second opinion if you’re concerned—just be sure to ask first. “There are some ethical problems with a lawyer speaking to a person who already has representation,” Lynch says, “but if the second lawyer is OK with it and you’re that worried about something, you have every right to look into it.”
