There is nothing more frustrating than an attorney ignoring your messages. Communication is an integral part of the client-attorney relationship and is necessary for a successful personal injury case.
According to Rule 1.4 of the American Bar Association’s “Model Rules of Professional Conduct,” a lawyer must “promptly comply with reasonable requests for information.” Unfortunately, you and your attorney may define the words “promptly” and “reasonable” differently.
If communication between you and your attorney is suffering, here are a few reasons explaining the lack of response and how to handle the situation.
1. There are no upcoming deadlines for your case
Personal injury cases have firm deadlines; however, these deadlines are often set weeks and months away. Your attorney may wait until the deadline is closer to request documents or answer interrogatories. If you are concerned, you could ask your attorney to walk you through the timeframe of your case and what you can do to help move it along.
2. There are no updates to report
Personal injury cases take time, and the process can be slow in the early stages. Though your attorney may be waiting for insurers or certain case records, slow processing times are the nature of personal injury litigation, and a reasonable amount of patience is required for everyone.
3. Your attorney is handling other cases
Depending on the size of the firm, your attorney most likely has a large docket with several active cases. Realistically, your attorney is prioritizing cases with nearer deadlines, meaning they will eventually shift the focus to yours when they have the time. Understand that your attorney must give adequate attention to each case and will update you more frequently when there are fewer distractions.
4. You are not the client
There is a difference between the victim of the accident and the person who signed the contingency fee agreement. If you did not sign the agreement, you are not considered the client; therefore, they cannot legally share all the case updates with you due to attorney-client privilege. If you are the victim of the case, be sure to keep track of any important details you may need to share at a later time.
5. You are not following the attorney‘s instructions
This can be challenging, but not heeding your attorney‘s advice may lead them to handle the case with limited interference. Remember, your attorney has your case’s best interest in mind and will do what is necessary to protect your claim, and being cooperative makes their job a lot easier.
6. Your attorney made a mistake
Accidents happen, and unfortunately, an error or misunderstanding can result in a missed deadline or other mistake that lapses communication. Your attorney may not find it appropriate to share any potential setbacks until the error is resolved. Still, sharing case updates with clients, good and bad, is the duty of any professional attorney. For efficiency, ensure all your case details, including contact information, are up to date.
If you have repeatedly contacted your attorney without a response, the best course of action is to send a certified letter detailing your communication concerns and suggesting specific protocols to address them. Navigating a lawsuit is stressful, and it is important to have the support you need during these challenging times.
Are you looking for an attorney that prioritizes your case needs? Contact Thomas J. Henry Law today, where 24/7 help is available, including nights and weekends. For more information, visit thomasjhenrylaw.com or call 210-874-2615.
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