It’s not unheard of for legal clients to complain about poor communication from their lawyers. Understandably, lawyers can be busy, especially those who work in big firms. Nonetheless, it’s their responsibility to ensure every client they take is adequately informed. The frequency of communication typically depends on the severity of the case, the state of the case and the client’s preferences.
Inadequate communication can lead to legal malpractice. Here is how this can happen:
Failure to communicate
Your attorney should provide you with relevant information related to the status of your case. These include potential consequences, defenses, settlement offers, conflicts of interest, etc. For example, if you file a personal injury claim against another party and they have an offer, your lawyer should inform you of it even if it’s low or they believe it’s unfair. Failure to communicate could create grounds for a legal malpractice claim.
Additionally, your lawyer should respond to your questions on time. Constantly not returning calls or responding to emails can be misconduct. If your attorney does not have a response to a question, they should acknowledge receiving the message and will respond once they have answers.
Lack of informed consent
Different factors can contribute to a lawyer taking action without a client’s consent, and one of them is poor communication. When a lawyer fails to adequately communicate crucial information, the client may lack enough details to provide informed consent.
Your attorney not disclosing the potential consequences of a strategy, such as taking a plea deal, can be an example of a lack of informed consent that stems from poor communication.
If you believe your lawyer failed to communicate effectively with you, resulting in damages, obtain more information on how you can protect your rights.