What if I am unhappy with my attorney or his fees?
If you believe that your attorney is not performing his or her duties, the first step to resolve the problem is to talk with the attorney directly; tell the attorney about your concerns and ask for an appointment to discuss the matter. Often that discussion will clear up your problem.

Many problems between attorneys and clients are the result of poor communication. Both the attorney and the client are responsible for maintaining communication. Attorneys have numerous clients and are often in court or working out of their offices. You will not always be able to immediately reach your attorney. But, your attorney should respond to your telephone messages and letters. Tell your attorney of your need for information and arrange a mutually agreeable time to contact the attorney.

If you are unhappy with the advice your attorney has given you, remember that you employed the attorney to obtain a professional opinion, not just to agree with you. You may, however, want to obtain a second opinion; always inform the second attorney of the purpose of the inquiry.

If you are still dissatisfied after talking with your attorney, you have the right to discharge the attorney and obtain another. If you do hire another attorney, you should tell the new attorney of the prior relationship and the problems you experienced. If your case is before the courts when you decide to hire a new attorney, a substitution of attorneys must be filed with the court to inform all parties that you are no longer employing the original attorney. Individuals are also entitled to act as their own attorney if they so desire; but, if this decision is made after the individual has been represented in the case by an attorney, notice to all parties and other attorneys is required.

Sometimes the problem involves a misunderstanding concerning the fairness of the attorney's fee. If that occurs, first discuss the problem with your attorney. If the two of you cannot satisfactorily resolve the matter, you may contact your local bar association for information. The telephone number of the Knoxville Bar Association is 522-6522. If your attorney is a member of the Knoxville Bar Association and agrees to participate, a panel of the Fee Dispute Resolution Committee will receive information and render an opinion on the dispute. Although the Committee's opinion is not binding, it is hoped the parties will accept the Committee's decision. Fee disputes may also be resolved by the courts. You should contact another attorney for information about how to proceed if you wish to have the dispute decided in court.

If your attorney has been negligent in the manner in which he or she has represented you, you may sue the attorney in a civil court for professional negligence. If the attorney's negligence has been the proximate cause of your damages, you may recover for those damages.

If you feel that your attorney has failed in his or her ethical obligation to you, that matter should be presented to the Board of Professional Responsibility of the Supreme Court of Tennessee. You may contact the Board of Professional Responsibility for information at (800) 486-5714.

The first step in resolving your problem should be direct contact with your attorney. That will usually work for both of you. You and your attorney are the two people who most want to resolve the problem. Contact your attorney first; then, if necessary, follow the other instructions.