MY LAWYER’S NOT RESPONDING. NOW WHAT?
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It is not often an easy decision to move forward with legal action. When a potential client decides to pursue their case, they may have certain expectations about how their attorney should handle their legal matter. In particular, a client may reasonably expect that their attorney provide timely updates and respond to telephone calls and emails. Sometimes, however, attorneys may not meet those expectations, leaving clients confused and unsure of how to proceed.
Communication is fundamental to the attorney-client relationship, and California’s Rules of Professional Conduct requires attorneys to be both proactive and responsive regarding communications with clients. Rule 1.4(a) provides that a lawyer shall: (1) “promptly inform the client of any decision or circumstance” where “the client’s informed consent is required”; (2) “reasonably consult with the client about the means by which to accomplish the client’s objectives in the representation”; (3) “keep the client reasonably informed about significant developments relating to the representation, including promptly complying with reasonable requests for information and copies of significant documents when necessary to keep the client so informed.”
Additionally, Rule 1.4(b) provides that a “lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.” This is complemented by Rule 1.4(c) which states that a “lawyer may delay transmission of information to a client if the lawyer reasonably believes that the client would be likely to react in a way that may cause imminent harm to the client or others.” And Rule 1.4(d) states that a “lawyer’s obligations under this rule to provide information and documents is subject to any applicable protective order, non-disclosure agreement, or limitation under statutory or decisional law.”
These rules are bolstered by California’s Business & Professions Code § 6068(m) and ample case law. Section 6068(m) states that “[i]t is the duty of an attorney . . . [t]o respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services.” It may be determined that “attorney violates that duty when he or she fails to return a client’s telephone call promptly.” See In re O.S., 102 Cal. App. 4th 1402, 1410-11 (2002), as modified (Nov. 6, 2002). And that is because, “[a]dequate communication with clients is an integral part of competent professional performance as an attorney.” See Calvert v. State Bar, 54 Cal. 3d 765, 782 (1991).
Accordingly, a failure to comply with these rules can amount to abandonment and failure to perform competently and can lead to serious consequences for the attorney, including fines, disbarment. See In Matter of Hindin, 1997 WL 469424, at *25 (Cal. Bar Ct. May 28, 1997) (“[W]e would agree with the State Bar that where the facts demonstrate that the attorney’s failure to communicate with the client resulted in the effective cessation of work on the cause of action, foreclosed the client from choices regarding her cause of action, or indicated withdrawal from employment, the attorney has engaged in more serious conduct than merely a failure to communicate.”).
A client’s right to adequate communication is one of many client rights underlying an attorney’s duties under the Rules of Professional Conduct. If it appears that an attorney is unwilling to respond to a client’s repeated communications, a client is not without options. The State Bar of California invites clients navigating issues with communication to participate in a initiative called the Attorney-Client Bridge Program. The Program is “designed as a proactive step to facilitate better communication between clients and attorneys,” and accepts applications from those having trouble getting in contact with their attorney. Any individual considering legal recourse should consult a qualified attorney who can evaluate the applicable laws, relevant legal developments, and specific facts of a given case.
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