What to Do if Your DC Criminal Lawyer Stops Returning Your Calls

What to Do if Your DC Criminal Lawyer Stops Returning Your Calls

Having a good criminal defense lawyer is crucial when you’re facing criminal charges. But what if that lawyer suddenly goes MIA and stops returning your calls? It’s a stressful situation for sure. Here’s some advice on steps you can take if your DC criminal lawyer goes radio silent.

Don’t Panic

First things first – take a deep breath and try not to panic. There could be a reasonable explanation for why your lawyer hasn’t gotten back to you. Maybe they’re tied up in trial or have a family emergency. Or it could just be an oversight on their part. Whatever the reason, freaking out won’t help the situation.

Be Persistent

Keep trying to reach your lawyer through different channels. Call their office multiple times and leave voicemails asking them to call you back ASAP. Send emails too in case they aren’t checking voicemail. Go by the office in person if you can. The squeaky wheel gets the grease – make your need for a response known.

Check If They’ve Been Suspended

Look up your lawyer on the DC Bar’s website to see if they’ve been suspended or disbarred, which would explain the lack of response. You can also call the DC Bar’s Attorney/Consumer Assistance Program at 202-737-4700 to ask if your lawyer is in good standing.

Contact Their Office

If your lawyer works at a firm, reach out to their office manager or legal assistant to find out what’s going on and relay the urgency of contacting you. Staff should be able to confirm if your lawyer still works there or give insight into why they haven’t returned your calls.

Request Your File

You have a right to your legal file and your lawyer is obligated to provide it if you request it. Send a certified letter demanding your client file if you’re worried your case has been neglected. Review it to see what’s been worked on and the status.

File a Complaint

If you’ve exhausted other options, file an official complaint with the DC Office of Disciplinary Counsel. Describe how your lawyer is not communicating with you and how it’s impacting your case. This creates a record of their lapse in case you need to take further action.

Consider Hiring a New Lawyer

If your lawyer remains MIA after two weeks or more, it may be time to cut ties and hire someone new. Look for a criminal defense lawyer with experience handling cases like yours. Be prepared to pay a new retainer fee unfortunately.

Request a Refund

Speak to your original lawyer or their office about getting a full or partial refund of any retainer fees already paid if they are no longer representing you. You may have to take legal action to recoup the money if they refuse.

File a Fee Dispute

The DC Bar offers a fee arbitration program if you and your lawyer can’t agree on a refund amount. An arbitrator will review your case and make a binding decision. There’s no cost to file for a dispute under $5,000.

Stay Calm

Try your best to stay calm and focused on your case. Your lawyer dropping the ball reflects poorly on them, not you. Don’t let their lack of response derail your defense efforts.

Having your criminal lawyer go MIA can be scary and frustrating. But following these steps helps get your case back on track. The key is being politely persistent and exploring all options. With some effort, you can get the legal representation you need and deserve despite this setback.

References

Working with a Lawyer
Attorney Fee Disputes
File an Attorney Complaint in DC
DC Code § 2-3905.15