This is the number one complaint among potential clients who call me. The first question to them is are the represented by counsel. When they tell me yes, I advise them they need to speak with their current counsel, as they are under contract and I would not want any of my client’s speaking to other attorneys.
Often they ask what they can do because either their attorney will not return their call, take their call or responds to them by yelling at them or jumping down their throat. The fact is the claim is your claim, you have the right to select whoever you want to represent you, and if you are not happy with your current attorney, you can try to work it out or you can terminate their services.
The proper thing to do is to make every attempt to contact the attorney not just by phone, if you have something that requires his/her attention, write a letter or send a fax. Put it in writing asking that they contact you. If they do not send them a letter advising that if you do not hear from them by a certain date (please keep in mind most attorneys are very busy people so if their staff calls you, consider that you have spoken with or through the attorney). Often times expecting to speak with the attorney on every little issue is not productive for anyone. An attorney’s staff is there to help, so pass the message through them, if it is critical say so and let them know why.
If you say everything is an emergency or critical you will likely see less and less of your phone calls returned by the attorney.
Keep these things in mind. Ultimately if you can not resolve your issues, send a certified letter requesting a copy of your file so that you may seek new counsel.