Expert: Timmy Chou - 2/16/2008

Question
Dear Mr. Chou:
I would like to know if you are able to advise me although I live in Canada
(Toronto).

I have retained a lawyer to represent me in my wrongful dismissal claim
against my former employer.  My lawyer is making me increasingly frustrated
as he does not seem to be very motivated by my case, and he is very slow in
returning my calls and e-mails and answering my questions.  I expressed a
couple of concerns to him 4 days ago and he still has not replied -and now
it's the weekend.   A date has been set for a mediation hearing.  Can I change
lawyers at this stage?  If so, how do I find a lawyer who is more interested in
representing me?  Your advice would be appreciated.
Angela Conway

Answer
Thank you for your question!

Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

I am not a lawyer and do not know if there are rules about when and if you can change your counsel (I would think you can).  I can respond to your question from my business consulting experience.

It may be useful for you to consider that right and wrong are not always the most useful places to begin in dealing with these sorts of problems.  Organizations simply work in their own interests and often people and principle are sacrificed in the interests of expediency.  Its not personal.  Right or wrong, there is a cost to exacting justice and the costs can be quite high.  Remember that your person-hood and your work are not even remotely related.

Your complaint is VERY common and there is very little you can do about it.  I have seen cases where the lawyer has taken 4 MONTHS to respond.  There are deadlines associated with your case -- filing deadlines, response deadlines, etc.  Typically, as long as the attorney is responding within the deadlines stipulated by the court, it is pretty hard to assert that he is unresponsive, even though you would like more action.  

As is frequently the case with physicians, they consider themselves the experts and are usually not concerned with your opinion too much.    As far as firing him goes, I'm would guess he doesn't care as you will be billed by the hour for whatever work is done.   

Be sure to review any deadlines and procedures concerning this process and note where you have leverage and make sure the procedure is followed exactly.  Request copies of all filings and pleadings submitted to the court or mediator.

These are some ideas.  Feel free to follow up with additional questions.

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

    Confidential, no public record
    Limited exchange of documentation, information
    Quick, don't have to wait for a court date
    Arbitrators have expertise in the subject matter and are trained in conflict resolution
    Cheaper than litigation
    Preserves business relationships

Negatives of Arbitration

    It's a compromise, no 0 winner
    Complex arbitration can be costly
    If not satisfied, may litigate the arbitration procedure
    Poor results with an unskilled arbitrator
    Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

    Neutral mediator can objectively suggest alternatives not considered
before
    Parties are directly engaged in negotiating the settlement
    Can be quicker than litigation
    Less costly than litigation
    Preserves business relationships
    85 of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

    may not reach a binding decision
    unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

    a clear winner and loser
    uses a prescribed set of procedures
    more predictable outcomes
    is final

Negatives of Litigation:

    waiting for court dates can do more harm
    usually more expensive than mediation and arbitration
    part of the public record