Schwartz & Ponterio, PLLC holds lawyers responsible for legal malpractice.

Can a lack of communication be considered legal malpractice?

On Behalf of | Mar 20, 2025 | Legal Malpractice

A person who hires a lawyer often needs to know how to address a specific situation. They may need to find ways to protect themselves, and some may feel scared. Most people who hire a lawyer will want to know exactly what’s going on with their case. 

It’s not realistic for a client to think that their attorney will be available to them immediately around the clock. Instead, they should be able to expect that the lawyer will respond to them within a reasonable time and that the lawyer will contact them if there’s anything new with the case. 

When does it become problematic?

The primary marker for a lack of or delay in communication being problematic in a legal case is if the client suffers harm because of it. This is the case if the client isn’t informed of critical deadlines or hearings or if there are time-sensitive decisions to be made. 

There are instances in which the lack of communication or the delays are so serious that the client may opt to pursue a legal malpractice claim. In order to launch this type of case, the client needs to show that their case or finances were directly impacted by the lawyer’s communication issues. 

Legal malpractice claims can be challenging to prove. These cases sometimes require expert testimony, which is sometimes difficult to find. You are also taking on someone who spends their life working in law and who will have a far greater knowledge of the system than you. Working with someone who is familiar with these matters can help the client to seek compensation for the damages they’re dealing with due to the issue. 

Archives