Key Takeaways
- Georgia personal-injury cases — including those arising from this article's topic — are governed by the two-year statute of limitations under O.C.G.A. § 9-3-33.
- Georgia uses modified comparative negligence under O.C.G.A. § 51-12-33: a plaintiff who is 50% or more at fault recovers nothing.
- According to the State Bar of Georgia, personal-injury matters are one of the most common civil case types filed in Georgia state and superior courts.
- Insurance disputes — including UM/UIM coverage — are governed by O.C.G.A. § 33-7-11, which sets minimum coverage requirements and policy-stacking rules.
- For Georgia-specific application of these legal rules, a Georgia personal injury lawyer can review the facts under O.C.G.A. and assess the path to recovery. Initial consultations via our contact page are free.
The demand for lawyers is expected to grow by 6% in the next 10 years. Many legal situations call for a lawyer, such as getting an auto accident injury. There are many skilled and adamant lawyers. However, not all of them act ethically and you might be left questioning “what can i do if my attorney is not doing his job? “
When you hire a lawyer, they are required to abide by specific ethical standards. If they do not, you have rights of your own. You should know what to do if you’re not satisfied with your lawyer and if you can switch lawyers.
Are you wondering, what can I do if my attorney is not doing his job? Here are the options you have.
Reasons clients are unhappy with their lawyers
There are common reasons why clients aren’t satisfied with their lawyers. These reasons may or may not be unethical. Here are a few examples.
They’re Not Communicative
One of the core duties of a lawyer is the ability to communicate with their clients — Georgia Rule of Professional Conduct 1.4 requires a lawyer to keep a client reasonably informed and to respond promptly to reasonable requests for information. If your lawyer isn’t returning your calls, is not answering your questions and/or not addressing your concerns, this is a red flag.
They’re Not Settling Your Case
Some cases are more complex, require more evidence, or are just difficult. Your lawyer should work diligently in your favor, regardless of your case type.
However, if a significant amount of time has passed and your lawyer hasn’t settled your case, this is another red flag.
In addition, you should also be alarmed if a significant amount of time passed and the lawyer hasn’t started your case at all.
Financial Issues
Say you recovered on a claim. Your lawyer is entitled to the agreed fee out of the settlement — but not to more than that, and not to funds they cannot account for. Settlement money must be held in a client trust account and disbursed properly; failing to do so is serious misconduct, not a billing dispute.
You can report your lawyer and contact additional sources (such as your state’s client security fund) to retrieve your settlement. In some cases, you may need to contact the police.
What if you’re unhappy with your lawyer after your case is over?
Unethical behavior isn’t limited to pending cases. Your lawyer can act unethically even after your case is over. A common example is charging their clients after they lost, even if they state they won’t in the contract.
Before reporting your lawyer, raise it with them directly — it may be a misunderstanding or an honest mistake. If the problem persists, report it to the State Bar.
However, there are examples that don’t pertain to unethical behavior. For example, maybe you don’t think your lawyer represented you effectively.
If this is the case, talk about these concerns with your lawyer. Your voice is also powerful online — leave an honest review to inform potential clients.
What if you believe your lawyer was negligent toward you and your case? This negligence can be dire — causing you to lose your case and lose money. If this sounds like your experience, you can file a malpractice suit against your lawyer.
What if your lawyer acted unethically?
A lawyer has to follow a strict ethical code. Some of the behaviors they must follow include:
Following the client’s lawful instructions
Competency
Exercise effective communication
Diligence
Confidentiality
Be honest and upfront with fees
Care when holding onto a client’s property
Loyalty
If your lawyer went against you or this code, you can research their specific behaviors to see if you can report them. It’s recommended you resolve any issues directly with your lawyer unless they acted unethically.
In Georgia, attorney discipline is handled by the State Bar of Georgia, through its Office of the General Counsel — not by consumer protection agencies, which have no jurisdiction over lawyer conduct. The Bar will investigate. Keep in mind that a disciplinary complaint is not a route to getting your money back; where funds were misappropriated, the Bar's Clients' Security Fund is a separate process.
Should you get the police involved?
You should only contact the police if you believe your lawyer committed a crime. Common examples include the lawyer stealing your settlement, stealing your property, or using any information against your will.
Keep in mind, you shouldn’t contact the police unless you’re certain your lawyer committed a crime. Contacting the police should also be a last resort — always contact the Bar association and other consumer protection services first.
How to hire a new lawyer
Before you even fire or report your lawyer, look for a new lawyer. Your new lawyer will help tremendously when firing your previous lawyer.
Contact different lawyers, research multiple lawyers and ask specific questions. Inform them you already have a case open and you’re not satisfied with your existing lawyer.
When you select your new attorney, sign a retainer agreement.
This agreement states the new attorney is taking over your case. From there, your new attorney prepares a consent-to-change-attorneys form and notifies your previous attorney to stop work. Your former lawyer may assert a lien over the file for fees or expenses already earned; your new attorney will deal with that.
Hire the best lawyer the first time
If you’re looking for a lawyer, you should ensure you’re hiring the best lawyer to avoid dealing with a poorly skilled, unethical, or criminal lawyer.
First, research several lawyers in your area. Look up reviews and ask your loved ones for recommendations. Visit these different lawyers and take advantage of free consultations. Describe your case in-depth and ask specific questions.
Some of these questions include:
Have you handled a similar case?
How long will my case take?
What kind of settlement should I expect?
Who will be responsible for my case?
You should also avoid hiring the first lawyer you meet or the one you’re recommended to. Take time and research different lawyers.
What Can I Do If My Attorney Is Not Doing Their Job?
Are you asking yourself, what can I do if my attorney is not doing his job?
Report the attorney if they’re acting unethically or criminally. But if you’re looking for a new personal injury lawyer to handle your case, you don’t have to look farther than our firm.
At Georgia Auto Law, every member of our team works exclusively on Georgia auto accident cases. That means we do not divide our time, research, or resources across other areas of law — car and truck crashes are all we handle.
You are welcome to call one of our auto attorneys at any time, day or night, at (404) 662-4949. You can also complete our consultation form, and one of our car accident attorneys will reach out to you within minutes. With our No Fee Pledge™, you owe no attorney's fee unless we recover for you. We are here for you.
Frequently Asked Questions
Where can I verify Georgia law cited in this article?
Every statute referenced is a real Georgia code section, viewable through law.justia.com. For practice guidance, consult the State Bar of Georgia and the Supreme Court of Georgia.
What is the statute of limitations for personal-injury claims in Georgia?
Two years from the date of injury under O.C.G.A. § 9-3-33 for most personal-injury claims, including wrongful death. Property-damage-only claims have four years under O.C.G.A. § 9-3-32.
How does fault allocation work under Georgia law?
Georgia uses modified comparative negligence under O.C.G.A. § 51-12-33. A plaintiff who is less than 50% at fault can recover, with damages reduced by their percentage of fault. At 50% or more, no recovery.
What is uninsured-motorist coverage and is it required in Georgia?
Uninsured-motorist (UM) and underinsured-motorist (UIM) coverage are governed by O.C.G.A. § 33-7-11. Georgia requires insurers to offer UM coverage with every auto policy, although policyholders may reject it in writing. UM is the primary recovery path when the at-fault driver has no insurance.
