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It starts small. A call that isn't returned for a week. An email that gets a one-line answer. Then a month goes by and you realize you have no idea what's happening with your case.
If this is you, you're not alone, and you're not being difficult. Poor communication is one of the most common complaints clients make about their lawyers. The good news is that you have more power here than you might think.
Your lawyer has a duty to keep you informed.
This isn't a courtesy. Lawyers have a professional obligation to keep clients reasonably informed about their case and to respond to reasonable requests for information. You're entitled to know where things stand.
Silence isn't always neglect.
Lawyers go to trial, cases go quiet while waiting on the other side, and some stretches really are just waiting. But you should be told that. "Nothing has happened, and here's why" is a perfectly good update. No update at all isn't.
You don't need a lawyer who calls every day. You need one who never leaves you guessing.
Step 1: Put it in writing.
Send a short, calm email. Say you haven't heard back, and ask three things: what has happened on your case, what happens next, and when. Writing creates a record, and it often gets a faster response than voicemail.
Step 2: Ask for a meeting, and for your file.
If the email doesn't work, ask for a call or meeting by a specific date. You're also generally entitled to a copy of your file. Asking for it often gets attention.
Step 3: Go up the chain.
At a firm, there's usually a supervising or managing partner. A polite note to them explaining the problem fixes more of these situations than you'd expect.
Step 4: Know that you can change lawyers.
You have the right to end the relationship with your lawyer at almost any time, for almost any reason. Many people don't realize this, especially in injury cases where they feel locked in by the contingency agreement.
What changing lawyers actually involves
- You usually won't pay twice. In a contingency case, the first lawyer may be entitled to be paid for the work they did. In many states, that payment comes out of the final fee and is worked out between the lawyers, rather than coming out of your pocket on top of it. Ask your new lawyer to explain exactly how it works in your state.
- Your new lawyer handles the transfer. They'll request the file and take it from there. You don't need to have an awkward conversation if you don't want to.
- Watch the deadlines. Cases have hard deadlines, and the biggest risk in switching lawyers is letting one slip during the handoff. Don't fire one lawyer without a plan for the next, especially if a deadline is close.
When it's more than a communication problem.
If you believe your lawyer has abandoned your case, missed a deadline or mishandled your money, take it seriously. Get a second opinion from another lawyer right away, and know that your state bar handles complaints about lawyer conduct. Protect your case first. Then deal with the rest.
Where Lexmatch fits.
This is one of the reasons we built Lexmatch the way we did. Our job doesn't end at the introduction. If a lawyer we matched you with stops communicating, a Lexmatch attorney steps in. If it doesn't improve, we help you find someone new, and that lawyer's record reflects it.
This article is general information, not legal advice. Rules on fees and changing lawyers vary by state.