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What is failure to communicate?

It likely comes as no surprise that many lawyers are busy people. In fact, one of the most common complaints that clients have when dealing with lawyers is how long it can take the lawyer to respond to them.

In some cases this may be a minor annoyance, but it may also be the source of a legal malpractice case. According to FindLaw, you should be receiving updates on your case on (at least) a monthly basis: if a lawyer fails to do this it is malpractice.

Why do lawyers not communicate?

There may be multiple reasons for a lack of communication on your case. Again, it may be possible that the lawyer is extremely busy. It is also possible that the case may not be going very well and they do not want to communicate bad news.

Keep in mind that a lack of communication may not always be malpractice. For instance, it is also possible that the attorney on the other side has simply not gotten back to your lawyer yet. However, even if this is the case you should still receive regular updates.

Moving forward with a malpractice lawsuit

It is true that the law can often move very slowly. The fact that your case is taking months is not malpractice unto itself. However, even if the lawyer has nothing new to share or nothing but bad news, they should not be withholding that as per the law.

Remember that you have rights when dealing with a lawyer, and the right to information is paramount among them. If your lawyer is not communicating with you, it is your right to bring forth a malpractice lawsuit.