Problems with your lawyer
What to Do If You Have a Problem With Your Lawyer
Last updated June 13, 2026
- Put your concern in writing to the lawyer first — most problems are communication breakdowns you can document.
- You can fire your lawyer at almost any time, though it may have cost and timing consequences.
- Overcharging? Many states offer fee arbitration through the bar.
- Misconduct (missed deadlines, lost funds, lying)? File a complaint with the licensing authority and consider a legal malpractice consult.
- Always pull your lawyer's official disciplinary record — it's free and tells you if there's a pattern.
attorneys are currently disbarred or suspended of record across the 37 states we track.
Source: official state bar registration rosters.
Start by naming the problem
Problems with a lawyer usually fall into a few buckets: poor communication, a fee dispute, a strategic disagreement, or actual misconduct. The right move depends on which you have. A lawyer who's slow to call back is a different situation from one who missed a filing deadline or can't account for your retainer.
The escalation ladder
- Communicate in writing. Email a clear, dated summary of your concern and the response you want. This often fixes it and always creates a record.
- Review your fee agreement. Many disputes are answered by the contract you signed.
- Consider replacing the lawyer. You generally have the right to switch counsel.
- Use fee arbitration for billing disputes (offered by many state bars).
- File a bar complaint for ethical violations.
- Consult a legal malpractice attorney if the lawyer's errors caused you real harm.
Where discipline and malpractice differ
A bar complaint is not a lawsuit
A bar complaint asks the licensing authority to discipline the lawyer (it does not get your money back). A legal malpractice claim is a separate civil lawsuit to recover losses the lawyer's negligence caused. You can do both.
Think your lawyer mishandled your case?
If a lawyer's mistakes cost you money or your case, a legal malpractice or fee-dispute attorney can tell you whether you have a claim. Start by pulling your lawyer's official disciplinary record — it's free.
Frequently asked questions
Will firing my lawyer hurt my case?
It can affect timing and cost, especially close to a deadline or trial, and a court's permission is sometimes needed mid-case. But you generally have the right to change lawyers. Line up a replacement and request your file before you switch.
Can I get my money back from a bad lawyer?
A bar complaint disciplines the lawyer but doesn't refund you. For money, look at fee arbitration (for billing disputes) or a legal malpractice claim (for losses caused by negligence). Some states also have a client-security fund for theft.
How do I know if it's malpractice or just a bad outcome?
Losing isn't malpractice. Malpractice generally requires that the lawyer fell below the professional standard of care AND that it caused you a quantifiable loss. A malpractice attorney can evaluate the specifics.
Related guides
- Signs Your Attorney Is Committing Malpractice
- How to File a Complaint Against an Attorney
- How to Dispute Legal Fees (Is My Lawyer Overcharging?)
Numbers on this page are computed from official rosters — see our data sources & methodology. This guide is part of the problems with your lawyer series.
This site republishes official public records and is not legal advice, a lawyer referral service, or a consumer reporting agency. Information here may not be used to make decisions about employment, tenancy, or credit (FCRA). Records are shown as published by their official sources and may contain errors or be out of date; consult the linked official source to verify. To correct or dispute a record, contact the licensing authority of record.