Legal Question in Civil Litigation in Kentucky

You were definitely wrong to contact opposing counsel behind your attorney's back. Not only did you sabotage your own case, for several different reasons, but you delivered a real slap in the face to your attorney by undermining his work and trust, and then, to top it off, you've filed a bar complaint on him over something that isn't his responsibility. No wonder he isn't eager to help you out. He probably figures once you have the billing statement you'll end up filing another bar complaint against him, and you'll continue to be a nuisance. I don't think he owes you any further work, and if he's provided you with a copy of his file, the fact his billing statements do not satisfy the insurance company and need to be more descriptive is not his problem to remedy.

In the future, if you are unhappy with your attorney's representation, hire a different attorney. "Not doing anything" is a complaint I often hear about attorneys, and while there are certainly instances of attorneys taking retainers and not working on a case, most of the time that complaint simply means "I'm tired of waiting for a result." The legal system is not quick; cases take time to develop and with litigation, there are minimum time frames to be followed and extensions to be permitted as a matter of required courtesy. Not to mention, it is not always advantageous to the client's case to "hurry up," and we have to look at the whole picture when deciding on strategy and timing.

It is the responsibility of the attorney to inform his client of the process, what he expects the time frame is, etc. However, some people are not good communicators. A good tip for clients is to ask at each meeting what the time frame is for each task that should be done. If the attorney says he is drafting discovery requests, for instance, a good question to ask is: "When do you expect to have those prepared, how long does the other side have to answer, and what happens if they don't answer on time or at all?" At each meeting or discussion, take notes about what is coming up, and what the timeline is expected to be. Knowing what to expect, on both ends of the attorney-client relationship, often helps eliminate these problems.

Another phrase I've heard recently is "the squeaky wheel gets the grease." That is not true in attorney-client relationships. What does not help is calling/texting/emailing your attorney constantly for updates. What it says to your lawyer is "I don't trust you to do your job." Keep those communications to a minimum, and pay attention to those timelines you've established before you ask for updates. If you cannot trust that your attorney is doing his job and will contact you when there is something to report, you just need to find another attorney who you do trust.