Legal Malpractice and Communication: When Your Lawyer’s Silence Can Be Costly

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In the legal profession, effective communication is paramount. Clients entrust their legal matters to attorneys with the expectation that they will be kept informed, guided through the complexities of the legal system, and have their interests diligently pursued. 

However, when lawyers fail to follow up or maintain consistent communication, it can lead to severe consequences, including legal malpractice. 

At The Epstein law Firm, P.A., we have represented clients whose previous lawyers’ actions and inactions may have constituted legal malpractice. In this article, we will explore the implications of lawyers not following up for extended periods, how it can constitute legal malpractice, and what clients should do if they find themselves in such a situation.

Understanding Legal Malpractice

Legal malpractice occurs when an attorney fails to provide competent representation to a client (also called a deviation from the standard of care), resulting in harm to the client. This can arise from various forms of negligence, such as providing incorrect legal advice, failing to file documents on time, or, as we will discuss here, not maintaining adequate communication. 

For a claim of legal malpractice to be successful, the client must typically demonstrate:

An Attorney-Client Relationship

Proof that the lawyer was formally hired and thus owed a duty to the client.

A Breach of Duty

Evidence that the lawyer’s actions (or inactions) fell below the standard of care expected of a competent attorney.

Causation

A direct link between the lawyer’s breach of duty and harm to the client.

Damages

The client suffered actual losses or damages as a result of the lawyer’s negligence.

The Importance of Communication in Legal Representation

Effective communication is a critical component of the attorney-client relationship. It ensures that clients are informed about the progress of their cases, aware of important deadlines, and able to make informed decisions. When lawyers fail to communicate, it can lead to misunderstandings, missed opportunities, and significant legal setbacks. 

Missed Statute of Limitations

One of the most critical consequences of a lawyer’s failure to follow up is the risk of missing the statute of limitations. The statute of limitations is a legal deadline by which a lawsuit must be filed. If this deadline is missed, the client’s right to pursue their claim can be permanently barred, regardless of its merits. For example, in New Jersey, the statute of limitations for personal injury claims is generally two years from the date of the injury. If a lawyer neglects to file the necessary paperwork within this timeframe due to poor communication, it can constitute legal malpractice.

Other Critical Deadlines

Beyond the statute of limitations, there are other critical deadlines in the legal process. These can include serving the complaint, discovery deadlines, court appearances, and responses to motions. Missing these deadlines can weaken a client’s position, result in the dismissal of their case, or lead to other adverse legal outcomes. In some instances, failure to meet these deadlines due to lack of communication from an attorney can also be grounds for a legal malpractice claim.

Indicators of Poor Communication

In our experience at The Epstein law Firm, P.A., clients should be aware of several red flags that may indicate their lawyer is not maintaining adequate communication:

Unreturned Calls and Emails

Consistent failure to return calls or emails in a timely manner.

Lack of Updates

Not receiving regular updates about the status of the case.

Missed Meetings

The lawyer frequently cancels or misses scheduled meetings.

Inconsistent Information

Receiving conflicting or unclear information about the case.

Steps to Take If Your Lawyer Is Not Communicating

If you suspect that your lawyer is not following up adequately, there are several steps you can take to address the situation:

Document Your Attempts

Keep a record of all your attempts to contact your lawyer, including dates, times, and methods of communication (phone, email, etc.). This documentation can be crucial if you need to prove your efforts to communicate.

Send a Formal Letter

Write a formal letter expressing your concerns about the lack of communication. Clearly state your expectations for future communication and set a deadline for a response. Sending this letter via certified mail can provide proof that it was received.

Request a Meeting

Ask for a face-to-face meeting to discuss your concerns. Sometimes, direct communication can help resolve misunderstandings and re-establish a communication protocol. Again, document your efforts to request a meeting, including any responses from the lawyer or absence thereof.

Seek a Second Opinion

If you are unsure about your lawyer’s handling of your case, consider seeking a second opinion from another attorney. At the Epstein law Firm, P.A., we have the expertise and experience to provide an objective assessment of your case and the quality of your current representation.

File a Complaint

If the situation does not improve, you may consider filing a complaint with your state’s bar association. In New Jersey, the Office of Attorney Ethics handles complaints against lawyers. They can investigate the matter and take disciplinary action if necessary.

Consider Changing Lawyers

If your lawyer’s lack of communication persists and is detrimental to your case, you might need to find a new attorney. While this can be a daunting step, especially in the midst of an ongoing case, your right to competent representation is paramount.

Pursuing a Legal Malpractice Claim

If your lawyer’s failure to follow up has caused significant harm, such as a missed statute of limitations or other critical deadlines, you may have grounds for a legal malpractice claim. Agan, to have a chance to successfully pursue such a claim, you will typically need to prove the existence of an attorney-client relationship, that the lawyer breached their duty through inadequate communication, that the breach caused you harm, and that you suffered damages.

One thing is certain – legal malpractice claims can be complicated. If you believe that you may have been the victim of legal malpractice, contact us at The Epstein law Firm, P.A., as we have the experience and expertise in this area of law to be able to provide you with our honest and fair assessment of the situation. We can help you gather the necessary evidence, navigate the legal process, and advocate on your behalf.