How to Avoid Unethical Attorneys

Please note that Craig, Kelley & Faultless, LLC, does not handle legal malpractice cases.

Choosing the right attorney can be challenging. There are a lot of law firms that make extraordinary claims and some that even show up at your door uninvited. Understanding what constitutes unethical behavior on the part of a lawyer can save you time and money when you are seeking an attorney to represent you.

At Craig, Kelley & Faultless LLC, we want you to feel confident in your choice of an attorney. That is why we have compiled a list of red flags you need to be aware of as you seek legal representation.

Dishonest First Contact

Many attorneys offer a free initial consultation to review your situation and discuss ways they may help you. Unethical behavior during this initial meeting should be a red flag.

Pay attention to these warning signs:

• Guarantees that our case is a winner– No attorney can guarantee the outcome of a case. You may have a strong case, but there’s no such thing as an automatic win in personal injury law. You should walk away from any attorney who guarantees you a certain outcome or promises that you’ll receive a certain amount of money if you hire them.
• Avoiding discussion of billing and fees – An attorney should be transparent about their billing process from the start and whether you will be charged for certain case expenses. If an attorney avoids your billing questions, or you are told that they’ll talk about billing down the road, beware.
• Do your homework – If the attorney talked about their track record of success and the sums of money they earned for other clients, check those claims. Review their website and the attorney’s information on the Indiana State Bar website to check for inaccuracies.

Unethical behavior or misstatements during the case review does not set the stage for a positive and functional attorney-client relationship.

Ambulance Chaser Lawyer

No doubt you have heard the term ambulance chaser. It refers to an attorney who aggressively and unscrupulously pursues accident victims. Directly soliciting accident victims or having a legal assistant or other employee do so is widely considered unethical because the injured person is in a vulnerable state. Attorneys should not have to come to you to gain business.

Ambulance chasing is generally considered an example of unethical attorney behavior.

Unethical Attorney Advertising

Successful businesses rely on advertising to help them get the word out about their products or services. Advertising helps attorneys reach potential clients and provide information about the services the law firm offers. However, unethical advertising strategies can give prospective clients the wrong impression. If you are looking for an attorney to handle your case, watch for these unethical advertising practices:

• Actors portraying lawyers in video ads or commercials
• No indication in the video that an accident scene has been reenacted
• Definitive statements implying a guarantee of success
• Offers of compensation for positive reviews or referrals

Negative or Dishonest Behaviors

You don’t want to work with someone who has a negative attitude or engages in dishonest behavior. If an attorney comes across to you as grating, obnoxious, or lacking credibility, how will the attorney appear to the judge or jury when presenting your case? An attorney’s improper or negative behavior can jeopardize your chances of winning your case.

Poor Communication

A lawyer should understand that communication is the key to a good working attorney-client relationship. Part of an attorney’s job is answering your questions and communicating with you about the status of your case in an honest, upfront, and understandable manner.

Your attorney should return your phone calls in a reasonable period of time, answer your questions, and give you regular updates. You should never struggle to stay informed.

Unethical Billing Practices

You should always walk into an attorney-client relationship understanding your financial responsibility. Many personal injury cases are handled on a contingency fee basis. The attorney does not receive a legal fee unless he or she is successful in obtaining a settlement or court award for the client.

An attorney needs to be transparent about their billing practices so you know what to expect. Common unethical billing practices include:

• Not clearly defining upfront costs or fees
• Adding surcharges to legal expenses
• Padding time worked on your case
• Vague billing practices that leave you wondering what you are paying for
• Not communicating the potential for additional charges
• Billing you for a different hourly rate than you were quoted

Unprofessional Behavior

When you hire an attorney to work on your case, you expect you will be working with a professional. Examples of unprofessional behavior include:

• Failing to show up for meetings
• Using foul or crass language
• Making important decisions about your case without your input
• Missing deadlines
• Filing paperwork incorrectly
• Failing to disclose conflicts of interest
• Continuing to work on your case when there is a known conflict of interest

Failure to Meet Deadlines

Failing to meet deadlines can sink your case before it gets off the ground. Courts have time limits for when paperwork needs to be filed for a case. Statutes of limitation set deadlines for filing personal injury lawsuits. If your attorney fails to file a claim within the time allowed, your case may be dismissed as untimely without being heard.

What to Do if Your Lawyer is Unethical

You need to find an attorney that you feel comfortable working with and one who will put your needs first. You need to trust that your attorney has your best interests in mind. Among many recognitions we have received, our lawyers at Craig, Kelley & Faultless have attained a Martindale-Hubbell AV Preeminent® rating indicating the highest level of professional excellence and ethical conduct.

If you have questions about a personal injury case or wrongful death case in Indiana, contact Craig, Kelley & Faultless for a no-obligation case assessment. A member of our team is ready to assist you and help you understand your legal options. Call today.