My attorney will not call me back?

Question

I have an attorney who made me sign a form where if the attorney tried to get in contact with me but I was avoiding him he could sue me. Well now I've been trying to to get in contact with my attorney but he wont return my calls. What should I do now? could I threaten him with my own legal action?

Answer 1

While the laws governing lawyers vary from state to state, most are modeled off of the ABA model rules of professional conduct. Your attorney is required under rule 1.4 to promptly respond to any reasonable inquiry. Comment [4] to the rule provides:

[4] A lawyer's regular communication with clients will minimize the occasions on which a client will need to request information concerning the representation. When a client makes a reasonable request for information, however, paragraph (a)(4) requires prompt compliance with the request, or if a prompt response is not feasible, that the lawyer, or a member of the lawyer's staff, acknowledge receipt of the request and advise the client when a response may be expected. Client telephone calls should be promptly returned or acknowledged.

In other words your attorney has a professional obligation to respond to  your inquiry, and is subject to discipline by the state bar if they find him in violation of the rule. So although the paralegal above is correct that this will likely not amount to malpractice, but you could potentially sue on breach of contract (with a minimal probability of success). However, the paralegal is dead wrong regarding the ethical duties of the attorney and the claim to the state bar, and she should probably be hesitant to discuss an attorney's professional obligations.

Answer 2

Your engagement agreement that you signed when you retained your attorney very unlikely said that he could "sue" you.  It probably says that he will be able to file a motion to withdraw as attorney of record on the basis that there has been a breakdown in communication so much that he is unable to represent you... and three weeks certainly isn't enough.

The only legal action you can threaten is to fire him as your attorney.  Unless he committed legal malpractice [[meaning that he screwed up your case really bad because he didn't practice law properly... not that he didn't return your phone call]], then you can't "sue" him either.  Threatening him with the State Bar isn't going to be effective - it will just p**s him off.  As of now, you have no legitimate claim to make to the Bar and your attorney knows that and therefore isn't afraid of it.

Attorney's are very busy people, and it is likely there are legitimate reasons why they haven't called you back.  Is he on vacation?  He might have a large trial that he is preparing for or attending and needs to direct all his attention to that.  He may be ill or have a family emergency where he is out of town.  [[Keep in mind that his staff is not allowed to inform you of his whereabouts unless specifically told to do so]].  Or, there simply may not be anything new to report or discuss in your matter.  Probates, if that is your matter, move very slowly.  There usually isn't something going on every day, or even every week.

Keep trying - but don't be obnoxious.  Cooperate with his staff or assistant, and tell them why you are calling.  You would be suprized how much his assistant may be able to help you - in fact, most clients really only need to talk to the assistant and not the attorney and accomplish the same thing.

Hang in there. And don't worry... you're not getting sued.

Answer 3

My attorney fails to return my phone calls and emails, but sometimes it comes back in a HIGHLY untimely manner...

I can't tell you if you can sue or not, you'll have to look at the document yourself, analyze it, and see if there is a clause in the legal agreement that will allow you to sue. If not, then you can do nothing.

Typically court-appointed attorneys will not be as productive as paid attorneys. If you are paying this attorney, FIRE HIM. Otherwise, just be happy you have representation in this country...

Answer 4

hey i work a for my dad's law office, what type of law is it cuz i do criminal and maybe you should lay of of them do you owe them money or are you asking them to do something crazy like get all of the court documents in an hour... i you are doing non of theses things sue the h**l out of them lol JK don't do that i would go there personally and wait in the lobby till the attorney comes in the office or set an appointment or call blocked hope i could help.... if non of this works say you are going to take them to the Sate Bar... that will get them to call u back