What to Do When Your Lawyer Won't Return Your Calls

Poor communication is one of the most common complaints clients have about lawyers. Sometimes it means the lawyer is busy; sometimes it signals real neglect.

The lawyer's duties

Under ethics rules adopted in some form in every state, lawyers must:

• Keep the client reasonably informed about the status of the matter and promptly comply with reasonable requests for information (ABA Model Rule 1.4)
• Act with reasonable diligence and promptness (Model Rule 1.3)

These duties do not require instant replies, but weeks of silence on an active case are a problem.

Step 1: Follow up in writing

Send a short email or letter: what you need, why, and a reasonable date for a response. Written messages create a record.

Step 2: Contact the office

Ask the lawyer's assistant or paralegal for a status update. Many updates do not require the lawyer personally. In a firm, ask to speak with a supervising partner or office manager.

Step 3: Check the case yourself

Many courts have online dockets showing filings and hearing dates. If a deadline seems missed, raise it immediately.

Step 4: Ask for a meeting

Request a scheduled call or meeting to review the case and agree on how and how often you will receive updates.

Step 5: Consider changing lawyers

You can generally end the relationship at any time. When representation ends, the lawyer must take reasonable steps to protect your interests, including giving reasonable notice, surrendering papers and property you are entitled to, and refunding unearned fees (Model Rule 1.16(d)). In court cases, the new lawyer may need to file a substitution. Ask your new lawyer to handle the transition.

For contingency cases, the first lawyer may claim part of the eventual fee for work already done; the lawyers usually work this out.

Step 6: File a bar complaint

If neglect harmed your case, or the lawyer will not return your file or unearned fees, you can file a complaint with your state's attorney discipline agency. Many state bars also offer fee dispute arbitration and client assistance programs.

If your lawyer withdraws

Lawyers may withdraw in some situations, often with court permission in pending cases. Ask about deadlines and get your file quickly.

To find a new lawyer, browse our lawyer directory. See also when you need a lawyer.

Sources

1. American Bar Association: Model Rule 1.4, Communications
2. American Bar Association: Model Rule 1.16, Declining or terminating representation
3. American Bar Association: Model Rule 1.3, Diligence