One of the most common complaints filed with the Texas State Bar is that a lawyer is not communicating effectively with their client. When you hire a lawyer, you expect them to keep you informed and to respond to your inquiries in a timely manner. However, there are times when this doesn’t happen, and it can be incredibly frustrating. Here's what you should know and the steps you can take if your lawyer isn't calling you back.
Understanding Your Lawyer's Obligations
According to the Texas Disciplinary Rules of Professional Conduct, specifically Rule 1.03(a), a lawyer is required to keep a client "reasonably informed" about the status of their case and must "promptly comply with reasonable requests for information." This doesn't mean your lawyer has to respond immediately to every call or email, but they must keep you updated and respond within a reasonable timeframe.
Why Lawyers Might Not Respond
There can be various reasons why your lawyer isn't responding. They may be busy with court appearances or other clients, or there might be delays in your case that they haven’t communicated well. However, if the lack of communication persists, it may be a sign of a deeper issue, such as poor case management or a lack of commitment to your case.
Steps to Take If Your Lawyer Is Unresponsive
If your lawyer isn’t returning your calls or keeping you updated on your case, it can be incredibly frustrating. Here are the steps you should consider taking:
- Document Your Attempts to Communicate: Keep a record of all your attempts to reach your lawyer, including dates, times, and the methods you used (e.g., phone calls, emails, letters). This documentation can be useful if you need to escalate the situation.
- Send a Formal Letter or Email: Draft a professional letter or email expressing your concerns about the lack of communication. Clearly state that you expect regular updates on your case and specify how often you would like to be informed. This can sometimes prompt a response from your lawyer.
- Seek a Second Opinion: If your lawyer continues to be unresponsive, consider consulting another lawyer to get a second opinion on your case. Explain the situation to the new lawyer and ask if they would be willing to take over your case.
- Don’t Terminate Your Current Lawyer Until You Have New Representation: It’s crucial not to fire your current lawyer until you have secured a new one. While your current lawyer is still officially on the case, they are responsible for managing your file. If you terminate them without a replacement, it could lead to gaps in representation and potentially harm your case.
- Request a Substitution of Attorney: If you find a new lawyer, they can file a Motion to Substitute, officially taking over your case. Only after this is done should you terminate your previous lawyer’s services.
- Consider Filing a Complaint: If your lawyer’s lack of communication has severely impacted your case, you might consider filing a complaint with the state bar. However, this is usually a last resort and may not help resolve your immediate issue.
Conclusion
While it's frustrating when a lawyer doesn’t return your calls, there are steps you can take to address the situation. Understanding your lawyer’s obligations and knowing how to effectively communicate your concerns can help you regain control of your case. If necessary, consult with another attorney to explore your options, but be cautious about making any drastic decisions without fully understanding the potential consequences.
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