what can i do when an attorney is not returning my phone calls

by Misael Denesik MD 5 min read

If your lawyer is not returning your calls, you have several options:

  • Try email: If nothing pressing is happening with your case, your attorney may be focusing on matters for his/her other clients. ...
  • Speak to a legal assistant or paralegal: If your lawyer has a support staff, reach out to them for help. ...
  • Document your attempts: Keep track of all of your efforts to contact your lawyer, both by phone and e-mail.

Lawyers: A Client's Manual by Joseph McGinn tells the steps to use if you've reached the point of no return:
  1. Tell your lawyer directly and give your reasons.
  2. Send your lawyer a letter of dismissal and retain a copy.
  3. Arrange to pay any outstanding charges.
  4. Pick up the file as soon as possible.
  5. Select another lawyer.
Jun 15, 2015

Full Answer

What happens if a lawyer does not return a phone call?

If a lawyer will not return your phone call, then that may indicate that he is neglecting the legal matter that you have entrusted to him. If so, then you may want to retain another attorney. Any new attorney may wish to see the file. You can call on the phone and request your file, saying that you will come by to pick it up.

How do I get my Lawyer to call me back?

If there is no good reason, tell the receptionist that it is becoming a BIG PROBLEM that the attorney will not call you back. Ask to schedule a time to come to his office in person for a meeting, or to schedule a telephone appointment. Then call back the next day, and the next day. But also send letters.

What to do if your lawyer refuses to talk to you?

In your letters, request a meeting, request status, write that you need to know what is going on and that he is refusing to communicate with you. If you get a live person on the phone when you call the lawyer's office, ask that person why you cannot seem to talk to your lawyer.

What to do if your lawyer has reached the point of No Return?

Lawyers: A Client’s Manual by Joseph McGinn tells the steps to use if you’ve reached the point of no return: Tell your lawyer directly and give your reasons. Send your lawyer a letter of dismissal and retain a copy.

What should I do if my attorney will not return my phone calls?

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What do you do when a lawyer doesn't return your calls?

If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face.

How long should I wait for an attorney to call me back?

Scott Aalsberg Esq. A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

Is it normal for lawyers to not respond?

Lawyers have an ethical duty to represent their client's best interests and promptly answer messages. While most attorneys are not available 24/7, they still should respond to clients in a reasonable time frame.

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.

When should I follow up with my attorney?

Even if your attorney is on vacation, ill, dealing with personal matters, or just really busy with other cases, they should have someone respond to your calls or emails within a few days. If you have not received a response to your call or email within three days, you should call or email again.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What does it mean when a lawyer does not respond?

The lawyer has stopped representing your case. They don't know how to properly communicate.

Why do lawyers drag out cases?

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

How often can I call my lawyer?

Regular communication between a lawyer and their client is key, but there is no exact number of times you should be calling your attorney during an active case. A simple rule of thumb is to speak with your personal injury attorney when it's necessary.

How do you follow up with a lawyer?

Ask to meet again. Cordially make your request for the followup meeting. Include your phone numbers and email address, even though your attorney already has them from the previous meeting. If there is a best time or manner to contact you, let them know what it is.

What's the best color to wear to court?

Darker, more serious colors are preferable, and bright colors should be avoided. The best colors to wear to court are “conservative” colors (white, blue, navy, gray, and the like) and to steer clear of crazy patterns and shocking fashion statements.

Why do lawyers drag out cases?

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

Why do lawyers take so long to settle a case?

There are legal or factual issues to resolve Cases may also take a long time to settle if there are important legal or factual questions that have not been resolved. Factual disputes can be questions about: who was at fault for the accident, or. the true cost of your medical care and lost wages.

How do you call your lawyer?

For a practicing attorney, you address them as "Esquire" or "Attorney at Law." For salutations, you can use "Mr.", "Ms." or "Mrs." followed by their last name.

What to do when your lawyer stops communicating with you Ontario?

If you cannot obtain a response, or if you tried talking to your lawyer or paralegal and it did not help, you can contact the Law Society of Ontario for assistance. Your complaint must be filed in writing to the Law Society's Complaints Services.

A lawyer who does not return phone calls from her clients cannot be a

A lawyer who does not return phone calls from her clients cannot be a skillful, experienced lawyer. I feel comfortable with the skill and experience of my attorney because she returns all of my phone calls, even when she is busy.

What can I do if my lawyer won’t call me back? - Quora

Answer (1 of 10): * Keep calling, I repeat keep calling. Lawyers are extremely important people who live extremely busy lives. Well if that’s true or not, I’m here to tell you fuck that keep calling. Every time that you hire an attorney, hell even if you got a public defender; they work for you....

If Your Attorney Will Not Return Your Call - Legal Guides - Avvo

You Need to Write Letters I appreciate that phone calls are easier and that you shouldn't have to write a letter to your own attorney. But when the attorney does not return phone calls and you do not know why you can't reach him on the phone, send him a letter.

What can be done if lawyer is not responding to emails or phone calls?

I have a personal injury attorney. I was in a serious car accident 9 months ago. I don't feel like he is working for me at all. He is slow when returning my calls, that is if he even returns my calls/emails.

Why Won’t My Lawyer Return My Phone Calls? - North Carolina Product ...

A lawyer may not be able to communicate at certain times because of pressing court deadlines, but other times lawyers have too many cases and simply can't or won't communicate effectively.

Why are my attorney's messages so annoying?

“Urgent” messages are likely to result in an annoyed response, since they’re often returned when the attorney is preoccupied with another matter . Remember, you’re just trying to get your attorney’s attention, not to alienate her.

What do lawyers respond to?

Lawyers are trained in logic. They respond to objective, well-reasoned, unemotional statements. If you begin with, “It sounds like you’ve been busy,” or “Is there anything I can do to expedite collection of the fee?” you’ll be encouraging a dialogue, not two monologues.

How to tell if an office is busy?

Some pretty reliable indications of a busy office are things like assistants frantically running around, others working at computers, phones constantly ringing, filing cabinets with trays full of case files nearby waiting to be filed, and at least a few clients waiting out in the reception room.

Can an army of marching attorneys help some clients?

We know that every case is not a winner. An army of marching attorneys can’t help some clients. The key is to be able to focus on the relevant law and facts immediately, so you don’t waste the client’s money and your time. If the attorney isn’t prosecuting your case, this probably wasn’t done. You can help.

Can contingency fees be recovered?

In contingency fee cases, the fee may still be due upon recovery by the new attorney unless you can show good cause for the dismissal . Good cause usually involves a serious mishandling of the case or the client, including:

Can you dismiss an attorney?

While you can dismiss an attorney whenever you choose, this is obviously the last resort. Time and money can be lost in the transfer, and many lawyers refuse to accept cases that have been handled by others.

Is a lawyer competent?

Even the best lawyers are usually truly competent and proficient in only a few areas of the law.

Why won't my lawyer return my phone call?

If a lawyer will not return your phone call, then that may indicate that he is neglecting the legal matter that you have entrusted to him. If so, then you may want to retain another attorney. Any new attorney may wish to see the file.

What to do if an attorney does not answer phone calls?

But when the attorney does not return phone calls and you do not know why you can't reach him on the phone, send him a letter. In the letter state that you have called him and he is not available and will not return your call. Keep a copy of the letter. State that it is very important he call you. If you get no response, send another letter saying ...

How to file a complaint against a lawyer in Texas?

The State Bar of Texas says: "Is Filing a Complaint the Right Option? If you have a problem with your lawyer, first try to talk with him or her . Many times these problems can best be handled outside of the attorney grievance (complaint) system. The Texas State Bar's toll-free Grievance Information Helpline (1-800-932-1900) can help you determine whether to report the conduct of the lawyer and whether other resources might be beneficial. If talking to your lawyer does not resolve the problem, call the Texas Client-Attorney Assistance Program (CAAP) for help at: 1-800-932-1900."

What is the phone number to file a grievance in Texas?

If talking to your lawyer does not resolve the problem, call the Texas Client-Attorney Assistance Program (CAAP) for help at: 1-800-932-1900.". Texas - How to File Grievance. Texas Grievance form pdf.

How long does it take for an attorney to pick up a file?

Make a written request, as described above about writing letters. The attorney will need a few days or more to get the file ready for you to pick up, and to make any copies which he wants to keep. When a client sends an attorney a written request to pick up the file, it is serious.

What to do if an attorney won't call back?

Ask to schedule a time to come to his office in person for a meeting, or to schedule a telephone appointment. Then call back the next day, and the next day. But also send letters.

Can you file a grievance based on lack of return phone call?

Do not file a Grievance based on lack of return phone call unless the letters and other suggestions above have failed, and only if you have at least two letters that you sent requesting information, status and a phone call or meeting. You can obtain the Grievance form at the State Bar of Texas at the link below.

What to do if your lawyer is not handling your case?

If your lawyer fails to handle your case competently, including intentionally ignoring you or by being too busy to work on your case, you may be able to take action through a legal malpractice suit.

What happens if you don't answer emails when you hire an attorney?

But when failure to return calls or answer emails becomes the norm, you may wish to break ties and seek new representation.

How to end a relationship with a lawyer?

To end the relationship, send a written letter, preferably certified with a return receipt requested. The letter should explain your concerns with the lawyer’s inattentive behavior and request a complete copy of your file.

What to do before terminating a relationship with an attorney?

Before terminating your relationship with your attorney, read your retainer agreement. The retainer agreement serves as a contract for services between you and your lawyer. It should clearly define the terms of your relationship and what happens if you chose to end it.

Why is communication important in a lawyer?

Lack of communication is one of the leading reasons clients choose to seek a new lawyer. While lawyers are often busy attending court, meeting with other clients or preparing a case, persistently failing to return calls or emails can damage the relationship and case beyond repair.

What to do if your lawyer refuses to answer your phone?

Use your good sense (referenced above) however. If your lawyer absolutely refuses to return your calls, get another lawyer. Your family law matter is too important and lawyers are too expensive for you to be out of the loop.

When Should I Get Another Lawyer?

Regrettably, even the most discerning clients can hire an attorney who simply will not call them back. It’s frustrating. As a general rule, give your lawyer 1-2 days to return your non-urgent phone call; very often, your lawyer may be out of the office for a half-day, whole day, or longer if he/she is in court. If your matter is urgent, try again in 2 hours and always ask if there is someone else in the office who might be able to help you in your lawyer’s absence.

How many times a day should an attorney speak to you?

It is critically important that you keep informed about the status of your case. It is not reasonable (or cost-effective, for that matter), to demand that your attorney speak with you 3-4 times per day. Keep in mind that unless you are paying your attorney $10,000.00 per hour, your lawyer has to take in other clients all of whom will need to meet with your attorney, talk to him/her on the phone, correspond via email, and go to court.

What to do if you want to complain about your ex wife?

If you want to complain about your soon-to-be-ex-spouse, call your mother; I can almost guarantee you that she will take your side. 4. Do not abuse the word “emergency.”. In family law matters, “emergency” means you or your children are in imminent danger.

Why do lawyers hire assistants?

That’s why your lawyer hired that person – to help you out when the attorney is tied up in court, depositions, mediations, or meetings. Most of the time, the legal assistant can answer basic questions regarding scheduling, copies of documents, due dates, etc. The assistant is also in the best position to make a note of your call and concern, relay it to your attorney, and provide you with direct and timely feedback. Additionally, the legal assistant is almost always in the office, whereas your attorney often is not.

How to get out of a contract with a lawyer?

That is a tough question. You can only get out of the contract with the lawyer if you can show just cause for doing so. It may be that not answering your calls and emails will be just cause for your avoiding the contract, but that could become an issue for you. I think you should talk with another lawyer, who can then negotiate with your present lawyer on a fee split between the two lawyers. There will be some risk for you, so I would consult with another lawyer so that he or she can help you end your contract with your current lawyer. I think you will need some evidence that your current lawyer has not been responsive. Do you know the dates you called his office and left messages? Do you have all of your emails with him?

Why don't you change lawyers?

Don't just change lawyers because you are not getting hand holding. If he is good, he will be busy, and every client deserves 100% care, but just not all on the same day and at the same time. Report Abuse. Report Abuse.

How to fire an attorney in Michigan?

In Michigan you may hire and fire your lawyer as you wish. If your lawyer is not taking care of your case and/or not communicating with you , you may fire your attorney and hire a new one. You may also file a Grievance against your attorney as the Michigan Rules of Professional Conduct REQUIRE an attorney to keep their client advised of the progress of their matter, as well as to use reasonable efforts in the matter to keep it moving forward. You may also get a 2nd opinion from another lawyer before deciding what to do. In getting a 2nd opinion, you would contact a new attorney, who would contact your present attorney and make arrangements to go and review your current attorneys file so that the 2nd opinion attorney could advise you of the status of the matter and if it is, or isn't, on track and being handled properly. With the 2nd opinion in hand, you could decide whether you wished to stay with your original attorney or change attorneys, and do so in an informed way. Of course, any Agreement you signed with your original attorney will apply and there may be language in any such Agreement about costs incurred, fees incurred/time spent, etc. So certainly you would want to read any such Agreement before deciding what to do.

Can I change my attorney if things don't change?

Arguably you can. I would send him a letter advising him of the problem and telling him that if things don't change you will be forced to change to another attorney. Even if you do, however, your former attorney will have a claim for cost he has expended and possibly for his time. You should look closely at your contract with him and then try to work out an agreeable solution.

Can you fire a lawyer if your case is good?

If your case is a good case then he ought to be moving. (your case may not be as good as you think it is) you can fire him and get a new lawyer anytime.

Can I terminate my lawyer's representation?

Answered on Jun 18th, 2013 at 10:39 AM. Yes, you can always terminate your lawyer's representation. Before you do, I would recommend making an appointment to see him and let him know of your dissatisfaction and give him a chance to explain what he is doing on the case.

Can you file a complaint with the State Bar Association?

It depends upon the agreement you signed with him. You could fill a complaint with the State Bar Association, he is required to keep you informed on the case.

What should I do if my attorney will not return my phone calls?

Attorney Ben Schwartz talks good customer service and answers the question, “What should I do if my attorney will not return my phone calls?”

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