It is essential to have the best legal representation when dealing with a claim against another party or when you are the defendant. You need an attorney who is dedicated to your case, keeps you fully informed of its progress, and communicates important court dates and events. Lack of communication from your attorney can lead to serious issues with your attorney-client relationship and have adverse consequences. If you have experienced this and it has resulted in a negative outcome, consider contacting a legal malpractice attorney.
A large percentage of our legal malpractice cases can be categorized as stemming from poor communications. And it’s the job of the attorney to be responsible for clear communications.
Many attorneys handle numerous cases but have legal assistants or paralegals who work on many aspects of a case and who are familiar with the litigation process. There is no excuse for an attorney who fails to return phone calls or respond to emails – but most client questions can be resolved by the legal assistants and paralegals.
Poor communication by an attorney with clients is not an uncommon complaint and can at times result in legal malpractice claims. If you find that your attorney is not communicating with you, there are steps you can take:
- Send a letter or email to the attorney explaining your concern
- Keep a record of phone calls made to your attorney or her office and if you received a response and what the response entailed
- Ask to schedule a meeting with the attorney if you are not receiving timely updates or responses and keep notes about what transpired
If your attorney fails to respond to you or you are dissatisfied with your attorney, consider dismissing your lawyer and find a new one.
When Can Poor Communication Lead to Legal Malpractice?
There are certain circumstances when communication from your attorney is critical to your case:
- Deadlines--these are crucial in legal matters. If the statute of limitations is approaching for your claim and it needs to be filed, your attorney must inform you. This is especially important if you only had a consultation with the attorney who declined to represent you. Failure to communicate the statutory deadline can be considered legal malpractice. There are also other important deadlines to keep in mind, such as when you must appear for a deposition, for a court hearing, or to submit specific documents. Missing a hearing or not having enough time to find and submit documents can significantly impact your case.
- Updates—along with informing you of important deadlines, your attorney needs to apprise you of the case’s progress, obstacles or issues affecting the case, and upcoming events. There may be issues that you could have resolved if you had known of them. Your attorney may also be ignoring your case or failing to work on certain matters that you should be aware of.
- Important Decisions—in some cases, your attorney may have agreed to a resolution without your knowledge or consent. Decisions on legal strategy, testimony from witnesses, and other evidence should be discussed with you. You may have access to evidence or witnesses that your case needs or you may disagree with the approach your attorney is taking.
Poor communication by your attorney can result in the loss of key evidence, sanctions by the court for missed hearings, or even dismissal of your claim for missing the statute of limitations deadline or failing to respond to court demands and procedures.
Retain a Legal Malpractice Attorney from Burns and Jain
Attorneys have an ethical obligation to maintain prompt communication with their clients or face a possible legal malpractice claim if failing to do so has caused an unexpected and unfavorable outcome. Many of our legal malpractice cases are as a result of poor communications. Contact a legal malpractice attorney from Burns and Jain by calling our office at (617) 227-7423 for a consultation about a possible legal malpracContact a legal malpractice attorney from Burns and Jain by calling our office at (617) 227-7423 for a consultation about a possible legal malpractice claim.tice claim.