My Lawyer Does Not Respond to My Calls or Emails. Is That Malpractice?

When you hire a lawyer, you expect them to be responsive, communicative, and diligent in handling your legal matter. However, it can be incredibly frustrating and concerning when your lawyer fails to return your calls or respond to your emails. This lack of communication can leave you feeling ignored and uncertain about the status of your case. But does poor communication rise to the level of legal malpractice? The answer depends on the specific circumstances.

Understanding Legal Malpractice 

Legal malpractice occurs when an attorney fails to meet the standard of care expected of a reasonably competent attorney, and that failure causes harm to the client. To establish a claim for legal malpractice, a client generally must prove the following elements:

1. Attorney-Client Relationship: There must be a relationship between the attorney and the client, creating a duty of care.
2. Breach of Duty: The attorney must have breached their duty of care by failing to act as a reasonably competent attorney would under similar circumstances.
3. Causation: The attorney’s breach must have caused harm to the client.
4. Damages: The client must have suffered actual harm or financial loss as a result of the attorney’s negligence.

While poor communication can be frustrating, it does not automatically constitute legal malpractice. However, if the lack of communication leads to a missed deadline, a lost opportunity, or some other harm to your case, it could potentially form the basis of a malpractice claim.

The Duty of Communication 

Attorneys have an ethical obligation to communicate with their clients. For example, many states have adopted the American Bar Association’s (ABA) Model Rules of Professional Conduct, which outline an attorney’s duties to their clients. Rule 1.4 of the ABA Model Rules specifically addresses communication and requires attorneys to:

• Promptly inform clients of any decision or circumstance requiring their informed consent.
• Reasonably consult with the client about the means by which the client’s objectives are to be accomplished;
• Keep clients reasonably informed about the status of their matter.
• Promptly comply with reasonable requests for information.
• Consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

If your lawyer is consistently failing to respond to your calls or emails, they may be violating their ethical duty of communication. While this is a serious issue, it does not necessarily mean they have committed malpractice unless their lack of communication has caused harm to your claim or case.

When Poor Communication Becomes Malpractice 

Poor communication can rise to the level of malpractice if it results in a tangible negative impact on your claim or case. For example:

• Missed Deadlines: If your lawyer fails to inform you of a court date, filing deadline, or other critical event, and this results in your case being dismissed or your rights being compromised, it could constitute malpractice.
• Failure to Convey Settlement Offers: Attorneys are required to inform their clients of any settlement offers. If your lawyer fails to communicate an offer and you lose the opportunity to settle your case, this could be grounds for a malpractice claim.
• Inadequate Preparation: If your lawyer’s lack of communication leaves you unprepared for a deposition, hearing, or trial, and this negatively affects the outcome of your case, it may be considered malpractice.

In these situations, the key question is whether the attorney’s failure to communicate fell below the standard of care and whether it caused harm to your case.

What to Do If Your Lawyer Is Unresponsive 

If your lawyer is not responding to your calls or emails, there are steps you can take to address the issue:

1. Document Your Attempts to Communicate: Keep a record of all your attempts to contact your lawyer, including dates, times, and methods of communication. This documentation can be helpful if you need to escalate the issue.
2. Send a Formal Letter or Email: If your calls and emails are being ignored, consider sending a formal letter or email outlining your concerns and requesting a response. Be polite but firm, and include a deadline for their reply.
3. Contact the Law Firm: If your lawyer works at a law firm, you can reach out to the firm’s managing partner or another attorney to express your concerns.
4. File a Complaint with the State Bar: If your lawyer’s lack of communication persists, you can file a complaint with your state’s organization that seeks discipline of lawyers that violate ethics rules. Such an association can investigate the matter and take disciplinary action if necessary.
5. Consider Hiring a New Lawyer: If your lawyer’s unresponsiveness is jeopardizing your case, you may need to consider terminating their services and hiring a new attorney. Be sure to review your fee agreement and understand any financial implications before making this decision.

In summary, while poor communication from your lawyer is frustrating and unprofessional, it does not always amount to legal malpractice. However, if your lawyer’s lack of responsiveness has caused harm to your case, you may have grounds for a legal malpractice claim. It is important to address the issue promptly and take steps to protect your legal rights.

If you are unsure whether your lawyer’s behavior constitutes malpractice, consider consulting with another attorney who can evaluate your situation and provide guidance. Remember, you have the right to competent and diligent representation, and you should not hesitate to take action if your lawyer is failing to meet their obligations. If you are interested in pursuing a claim for legal malpractice in the State of Maryland or the District of Columbia, Henderson Law, LLC is a law firm that regularly handles such matters and is available to consult regarding potential retention. Please feel free to contact Henderson Law today at (410) 721-1979. 

Disclaimer: The attorneys at Henderson Law are admitted to practice law only in the State of Maryland and/or Washington, D.C. The content of this blog post is intended for informational and marketing purposes only and does not constitute legal advice. Readers should not rely on the information provided herein as a substitute for consulting with a qualified attorney regarding their specific legal issues.