Can I Sue My Lawyer for Failing to Communicate?

Question from Piar, Can I Sue My Lawyer for Failing to Communicate?

Answer from AI:

If your lawyer has assigned three associates who have been unable to contact you for three months despite relentless attempts, you might be wondering if this constitutes a violation of the duty to the client and whether you have grounds to sue. Let’s break this down.

Understanding the Duty to Communicate

Lawyers in the United States have a professional duty to communicate with their clients. This duty is outlined in the American Bar Association’s (ABA) Model Rules of Professional Conduct, specifically Rule 1.4, which states that a lawyer must:

• Promptly inform the client of any decision or circumstance requiring the client’s informed consent.
• Reasonably consult with the client about the means by which the client’s objectives are to be accomplished.
• Keep the client reasonably informed about the status of the 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.

Possible Violations and Grounds for Legal Action

If your lawyer or their associates have failed to communicate with you for an extended period, this could potentially be a violation of their duty. Here are some steps you might consider:

1. Document the Attempts: Keep a record of all the attempts you have made to contact your lawyer, including dates, times, and methods of communication (e.g., phone calls, emails, letters).
2. Review Your Agreement: Look at your retainer agreement or any other contract you have with your lawyer to see if there are specific terms regarding communication.
3. File a Complaint: You can file a complaint with your state’s bar association. Each state has a disciplinary board that handles complaints against lawyers. For example, you can find information on how to file a complaint with the [California State Bar](https://www.calbar.ca.gov/Public/Complaints-Claims) or the [New York State Bar](https://nysba.org/complaint-against-a-lawyer/).
4. Consult Another Lawyer: If you believe you have suffered harm due to your lawyer’s lack of communication, you may want to consult another attorney to discuss potential legal action. This could include a malpractice claim if you can show that the lack of communication resulted in a negative outcome for your case.

When to Seek Legal Advice

It’s important to note that each situation is unique, and the specifics of your case will determine whether you have grounds for a lawsuit. Consulting with a legal professional can provide you with personalized advice based on the details of your situation. They can help you understand whether the lack of communication has caused you harm and what your next steps should be.

Resources and Further Reading

For more information, you can refer to the following resources:

• ABA Model Rules of Professional Conduct – Rule 1.4
• California State Bar – Complaints and Claims
• New York State Bar – Complaint Against a Lawyer

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney to address your specific legal needs.