What to do if your lawyer stops communicating with you: A bad lawyer may ignore your calls, fail to provide updates on your case, or act in other ways that give you pause. You can hold your lawyer accountable and keep your case on track even if they aren’t helping you. Knowing what to do if your lawyer isn’t helping you can keep your case on track. People don’t know if their lawyer’s behavior is normal, if switching lawyers will cost them more money, or if it will harm their case. We’ve collected solutions in this guide to help you resolve the conflict with your lawyer.
Do I need to receive case updates from my attorney?
In order to achieve maximum compensation in your case, communication is an integral part of the client-attorney relationship. The American Bar Association recognizes the importance of communication as one of the first entries in its Model Rules of Professional Conduct.
Rule 1.4 of the Model Rules of Professional Conduct of the American Bar Association outlines specific expectations regarding lawyers’ communication with their clients.
There are various reasons your attorney may be communicating less frequently than usual, even though the language includes words like “prompt” and “reasonable.”.
What is the reason for my attorney not communicating with me?
There are no upcoming deadlines on your case. Personal injury cases have firm deadlines that must be met in order for your case to even be considered; however, these deadlines can be set months apart. In order to request documents or answer interrogatories, your attorney may wait until the deadline approaches.
There are no updates to report. No new information has come to light in the cases we are working on. Just as your lawyer has deadlines, so does the other side of the docket. Your lawyer may be waiting for insurance companies to file necessary paperwork. That means there may not necessarily be any updates to offer you at this point. They may also be working to receive records that are relevant to your case. So, while it may seem that your case isn’t moving forward, this is just the natural progression of personal injury litigation.
Your lawyer is handling other cases on their docket. Depending on the size of a firm and the number of attorneys available, your lawyer may have dozens of cases on their docket at any given time. Due to this, they may be focusing on cases that have upcoming deadlines before returning to your case.
Don’t forget that you are not the client. Always keep in mind who the victim was and who signed the contingency fee agreement. Due to attorney-client privilege, the attorney cannot share case updates with you if it was your mother, your father or another relative.
It can be difficult to hear that you are not following your attorney’s advice, but if you don’t, they may wish to take your case away from you. Remember, your attorney has the best interest of your case in mind and will do whatever it takes to protect it. It may be difficult for your attorney to explain the progress on your case if you continually challenge or refuse their recommendations.
There’s bad news your attorney doesn’t want to share. If your attorney lacks experience or efficiency, they may have missed a deadline or made another mistake and won’t admit it. In addition, some bad news may be outside the attorney’s control. However, a good attorney should always be open to communicating with their clients – good and bad.
If my attorney does not communicate with me, what should I do?
It is best to send a certified letter to your attorney’s office if you have called, left messages, sent emails, and have not heard back, questioning the lack of communication and informing them that if the situation does not improve, you will find a new lawyer.
In certified mail, the United States Postal Service provides the sender with a mailing receipt and electronic confirmation that the letter has been delivered. Law firms commonly use it to prove that a package, documents or article has been delivered, and your attorney will understand that they cannot claim they didn’t get your letter.
At this point, your attorney will likely respond either by being more communicative or by saying that you are free to find new representation. In order to prevent future issues, you and your attorney should also agree on some basic communication protocols if you are to proceed with your case together. Find an attorney who is willing to work with you if you cannot work it out, pay your outstanding bills, and pick up your file.
There’s a problem with your lawyer’s transparency
If you hire a lawyer to represent you, you have a right to know how your case is progressing. Good lawyers will proactively provide you with that information, such as giving you updates periodically or when a milestone is reached.
Also, they should inform you of any medical bills that will not be included in your case, any changes in their settlement expectations, and more. This type of behavior not only signals they’re proud of their work and aren’t trying to hide anything from you, but also that they’re organized and good at communicating – skills you want your lawyer to have in order to get you the best outcome.
You Don’t Get All the Help You Need From Your Lawyer
A personal injury lawyer only gets paid when they get a settlement for their clients. They do not make more money if they help their clients:
- Repair their car
- Medical providers who don’t charge an arm and a leg
- Before their case settles, they can get loans to pay for rent or food while they’re out of work.
As a result of the same underlying accident for which they are seeking compensation, good lawyers listen to their clients’ concerns about everything related to their accident. You should consider changing lawyers if your lawyer doesn’t seem to care about your situation and won’t listen to you. Bad lawyers will not listen to you, and won’t show any concern for your personal struggles.
 Lawyer to be grossly incompetent
Poor communication can be improved, but an incompetent lawyer undermines your claim every day. The following are examples of lawyer incompetence:
- Not filing the right paperwork
- Evidence that is crucial to your claim is lost
- Negotiating a settlement without the necessary skills
- Identifying any red flags in your lawyer’s performance may be your only chance to save your case.
- Opinions of Ours
- “Blowing deadlines or failing to move a case forward is not an acceptable excuse.”
You won’t get your share of a settlement from your lawyer
An attorney for personal injury claims will likely ask you to sign a “Settlement Statement” before the case is officially settled, which lists the total settlement amount, the amount your lawyer will receive, the amount your doctors will receive, and the amount other lienholders will receive before you. You will be told when you should expect to receive your share by your lawyer when you sign this.
Your lawyer should notify you as soon as settlement funds arrive. This doesn’t necessarily mean you’ll get paid that day – holdups such as lien negotiations can delay settlement payouts – but good lawyers communicate clearly.
It is important for your lawyer to follow specific steps when holding your settlement in escrow and paying it out. One reason the payment may be delayed is that they may be negotiating reductions with medical providers or other lienholders and don’t feel comfortable paying you until those negotiations are complete. A bad lawyer won’t explain these reasons and timeline to you if they don’t explain why they are holding your settlement after they get it. A good lawyer will.
The wrongful withholding of payments, excessive payments to certain parties, or commingling of your funds with the firm’s operating account are all signs of a bad lawyer. You may need to contact the state disciplinary board if you notice these signs, as they indicate that a lawyer is violating his or her ethical duties.
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