Full Answer
It might be time to have a serious conversation with your attorney; or consider switching attorneys entirely. Unless absolutely necessary, don’t fire one lawyer before you have identified the next one you plan to hire.
Your calls aren’t returned within 48 hours (provided you’re respectful of the lawyer’s time, major holidays, and don’t call several times a week with “just another quick question”). You are asked to provide documents you have already provided or to fill out forms you’ve already filled out.
But give him a chance. Leave your office number and an after-hours number. Almost half of those who call either don’t leave a message or say something like, “He has my number.” The best attorneys are always busy. We’re in court, in depositions, meeting with clients and witnesses, or otherwise unable to call back.
Call your local bar association and ask for someone with the expertise your case requires. In most U.S. states, a lawyer cannot withhold your file from you because of an unpaid bill. However, anything in the file that was created by the lawyer is considered his or her “work product” and need not be provided to the new attorney.
A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.
Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.
Response or default: Once the case is filed, you generally have 30 days to respond to the lawsuit. If you do not respond, you will be in default.
Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.
Once a month is a good rule of thumb if things are slow, but if you are preparing for trial or in my case an administrative benefits hearing, the contact with you and your attorney should be more frequent and specifically scheduled.
If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.
If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
Sometimes, lawyers take a bit longer than usual to respond because they are away from their office or traveling for business. If you have not heard back from your lawyer within 48 hours of sending them an important email, you should send another email just asking if there is any news or status about your case.
The bottom line is that this is generally one of those cases where “no news is good news” because it means your attorney is working on your case. The only time you should get concerned is if you need to speak to your attorney and you cannot get through nor have you received a return call.
Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.
I agree with Anthony. It depends what you are asking for on the phone. It sounds like you are shopping around and have no prior relationship with any of the attorneys you are contacting...in that respect, the attorneys have ZERO obligation to call you back.
Are you calling and asking for an appointment? If that is the case, it really should be NLT the business day following the day you call. If you are asking for a lawyer who has no previous relationship with you to simply call back and chat, there's really no standard for that.
If you want a particular lawyer, it is worth a second phone call. Perhaps your description of your case is not sufficiently attractive. For example, in Michigan, due to the problems associated with falling on ice cases, if a client calls lawyers they may have trouble getting a return call.
How to Know When it's Time to Change Lawyers. It usually begins with a lack of communication. Your calls go unanswered and you hear nothing about your case for weeks or months. Maybe you get the sense that the lawyer's files are in disarray, or that he or she doesn’t remember the details of your matter from one meeting to the next.
If you still think the relationship is unsalvageable, it might be time to terminate the engagement and switch to a new attorney. However, there are a few issues to keep in mind:
Documents you have been promised aren’t ready when they're supposed to be. Everybody has emergencies now and then, but if this happens repeatedly, there could be a problem. If you recognize some or all of these issues in your relationship with your lawyer, it is probably time to make your concerns known.
You hopefully ran your attorney's name through the website of your state's bar association before hiring him or her, but now might be a good time to do so again. Even if your attorney is in good standing now, any past suspensions or other disciplinary actions for issues like substance abuse or misuse of client funds should give you pause.
However, there are a few issues to keep in mind: Unless absolutely necessary, don’t fire one lawyer before you have identified the next one you plan to hire. If your case has already begun, the judge may not let your old lawyer leave the case until a new lawyer replaces him or her. Seek referrals for your next lawyer.
Litigation is a slow, complicated, unpredictable, expensive process. To the extent your lawyer can expedite, simplify, win, and reduce the fees, he’s the one for you . I hope you don’ t need to get the attention of your attorney. But if you do, this should help. Good luck!
Just like they don’t mind after-hours calls. Sometimes it’s necessary for you to volunteer. You’ll be surprised how receptive your attorney is to your assistance. Believe it or not, the amount of attorney’s fees is usually not a major complaint.
We know that every case is not a winner. An army of marching attorneys can’t help some clients. The key is to be able to focus on the relevant law and facts immediately, so you don’t waste the client’s money and your time. If the attorney isn’t prosecuting your case, this probably wasn’t done. You can help.
So even though it’s a killer, it’s a sure-fire attention-getter. In fact, it’s so reliable that if the attorney doesn’t respond, you’re probably better off with another.
If your attorney has stopped responding to your message, you may wonder if they have committed legal malpractice.
If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney. A knowledgeable legal malpractice attorney can review the circumstances of a case and attempt to communicate with your unresponsive lawyer.
Before contacting a malpractice attorney, you should attempt to contact your attorney multiple times by phone, email and other communication platforms you have used to reach him or her . If your lawyer still does not respond, you can send him or her a letter explaining the communication problems.