What To Do If Your Lawyer Is Not Helping You
Every year, thousands of Texans lose winnable cases — not because the law wasn’t on their side, but because their attorney simply stopped showing up for them. Whether it’s ignored calls, missed deadlines, or a settlement offer you never agreed to, a lawyer who isn’t doing their job isn’t just frustrating. It could cost you everything.
If you’ve found yourself wondering what to do if your lawyer is not helping you, you’re not alone, and you’re not without options. Before you do anything else, contact your attorney (in writing, email is fine), asking them to timely and properly update you and keep you informed. If you still don’t get a response, then consider the following:
- Document every missed call, unanswered email, and broken commitment
- Request a full copy of your case file
- Consider filing a complaint with the State Bar of Texas if professional misconduct is involved
- Consult a legal malpractice attorney to understand whether you have a viable claim
- Seek new representation before hard deadlines pass
You deserve an attorney who actually fights for you. Ross Sears II has been fighting for Texans who have been wronged by their lawyers for 35+ years. He and the team at Sears Crawford have seen firsthand what happens when lawyers fail their clients, and they’re ready to hold them accountable. Call (713) 223-3333 today for a consultation.
Document your lawyer’s failures
One of the most important steps you can take is building a clear, organized record of every way your attorney has fallen short. This documentation becomes the foundation of any complaint, malpractice claim, or motion to withdraw, so the more thorough you are, the stronger your position will be. Start keeping a log immediately, even if you’re not sure yet whether you’ll take formal action.
Some of the most common signs of an incompetent lawyer to watch for and document include:
- Failure to return your calls, voicemails that were never returned, and a lawyer not responding to emails
- Deadlines that passed without explanation or action
- Settlement offers accepted or rejected without your knowledge or consent
- Conflicting information about the status of your case
- Billing for work that was never done or explained
Request your case file
Your case file belongs to you, and you have the right to a full copy of it at any time. This includes all correspondence, court filings, evidence, contracts, and any notes or records your attorney has created on your behalf. Do not wait for your lawyer to offer it. Request it in writing and keep a copy of that request.
Reviewing your file serves two purposes. First, it lets you understand exactly where your case stands so that any new attorney you bring in can get up to speed quickly. Second, it may reveal gaps or errors in your lawyer’s work that support a formal complaint or malpractice claim. When is it too late to fire your attorney? The answer depends on where your case stands, but in most situations, it is not too late to make a change.
File a State Bar complaint
If your attorney’s conduct crosses the line from poor performance into genuine misconduct, filing a complaint with the State Bar of Texas can sometimes be an appropriate and important step. The State Bar investigates allegations of ethical violations, including neglect, dishonesty, misappropriation of funds, and failure to communicate. A complaint does not guarantee discipline, but it creates an official record and may protect other clients from the same attorney.
To file a complaint, you will need to provide:
- Your attorney’s full name and bar number
- A detailed written account of the conduct you are reporting
- Copies of any supporting documentation, such as emails, billing records, or court filings
- A timeline of key events in your case
Keep in mind that a State Bar complaint addresses ethical violations specifically. It is a separate process from pursuing financial compensation through a legal malpractice claim.
Consult a legal malpractice attorney
If your lawyer’s failures have caused you real harm, whether that means a lost case, a missed deadline, a settlement that didn’t reflect the value of your claim, your lawyer received significantly more money than you from your settlement, or other issues that don’t make sense to you, you may have grounds for a legal malpractice lawsuit. Understanding how to find a lawyer to sue another lawyer starts with finding an attorney who specializes specifically in legal malpractice, as these cases require proving both that your lawyer was negligent and that the negligence caused or contributed to your damages.
A qualified legal malpractice attorney will evaluate your situation and help you understand whether your case meets the legal standard for a claim. During your consultation, be prepared to share:
- A timeline of events, including key dates and missed deadlines
- Any financial harm you suffered as a direct result of your lawyer’s actions
- Prior communications with your attorney, including emails and written correspondence
Seek new representation quickly
Time is one of the most critical factors when your lawyer is not performing. Courts rarely pause proceedings because of attorney issues, and statutes of limitations do not stop running simply because you are in the middle of changing lawyers. The longer you wait, the fewer options you may have. If you have serious concerns about your current attorney, begin exploring new representation as soon as possible.
Suing attorneys who have failed their clients is a serious undertaking, and finding the right firm to take over your case or pursue a malpractice claim makes all the difference. When interviewing a new attorney, ask directly about their experience with cases like yours, their approach to taking over mid-case, how many years they have been practicing, whether or not they are board certified and whether they have handled legal malpractice claims before. The right attorney will not hesitate to give you straight answers.
Can you sue a lawyer for not helping you?
Yes, you can sue a lawyer for not helping you, but the bar for a successful legal malpractice claim is specific. It is not enough to simply be unhappy with your outcome. To pursue a claim, you generally need to establish these elements of legal malpractice:
- Duty: Your attorney owed you a professional duty of care as your legal representative
- Breach: Your attorney failed to meet the accepted standard of care for their profession
- Causation: The attorney’s failure to meet those standards caused you measurable harm
- Damages: You suffered damages as a result, often a lost case or financial loss you would not have otherwise suffered
In other words, you need to show that a competent attorney in the same situation would have acted differently, and that you would have had a better outcome in your case. Cases involving missed deadlines, failure to file, undisclosed conflicts of interest, a lawyer getting more money from the settlement than you did, or settlements made without your consent are among the most common grounds for legal malpractice claims in Texas.
What to do next (by issue)
What to do if your lawyer is not responding
Here’s what to do if your lawyer is unresponsive: send a formal written request for a status update via email or certified mail, then set a clear response deadline. If they still do not respond, contact the State Bar and begin looking for new representation immediately.
What to do if your lawyer is not doing their job
Request your full case file, document every failure, and consult a legal malpractice attorney to find out if you have a claim. Do not wait for the situation to improve on its own.
What to do if your lawyer missed a deadline
Contact your attorney immediately for an explanation and get it in writing. Depending on the deadline, the consequences could be severe, including a dismissed case or waived rights. Consult a legal malpractice attorney right away.
What to do if your lawyer settled without your consent
A lawyer cannot legally settle your case without your approval. Document everything, request your full file, and speak with a legal malpractice attorney about your options as soon as possible.
What to do if your lawyer has a conflict of interest
Ask your attorney to disclose the conflict in writing and consider whether you can still trust their representation. If the conflict was concealed, report it to the State Bar of Texas and consult a new attorney immediately.
You trusted a lawyer to protect you. We step in when they didn’t.
When an attorney neglects your case, stops communicating, or makes decisions without your consent, the damage can follow you for years. Knowing what to do if your lawyer is not helping you is the first step, but taking action is what actually protects your future.
Sears Crawford exists for exactly this situation. We are one of the few firms in Texas that focuses primarily on legal malpractice, which means we understand how negligent attorneys operate, how they defend themselves, and how to beat them.
Our team has successfully recovered significant compensation for clients who were told they had no case, clients who missed critical deadlines because of their attorney, and clients whose settlements never reflected the true value of their claim. If you have noticed the early signs of legal malpractice, do not wait for the situation to resolve itself. It rarely does.
Call us at (713) 223-3333 or contact us online to schedule your consultation today.
More Helpful Articles by Sears Crawford:
- 8 Questions to Ask Your Legal Malpractice Attorney in Texas
- What Qualifies as Attorney Professional Misconduct in Texas?
- When Can I Sue My Lawyer?
- The Case Within a Case in Attorney Malpractice Lawsuits
- 5 Examples of Legal Malpractice in Texas