Communication forms the foundation of the attorney-client relationship. When your lawyer goes silent, leaving your calls unreturned and emails unanswered, it is frustrating, and in some cases, it may constitute a breach of professional responsibility.
Understanding when unresponsiveness crosses the line from poor service to actionable misconduct is crucial for a legal malpractice case.
Is an Unresponsive Lawyer Committing Malpractice?
The short answer is: it depends. Not every instance of an attorney being unresponsive rises to the level of legal malpractice. Malpractice occurs when a lawyer’s negligence or misconduct causes their client actual harm. Some examples of clear-cut legal malpractice include:
- Missing critical deadlines or court appearances
- Failing to investigate a case or disclose conflicts properly
- Making serious errors in contracts, filings, or legal strategy
An unresponsive lawyer may be guilty of malpractice if their communication failures lead to a missed statute of limitations, a default judgment against you, or other action that harms your case.
If your attorney’s unresponsiveness is simply frustrating and rude, you still have recourses, and it may not rise to the level of a malpractice lawsuit.
Steps to Take When Your Lawyer Isn’t Responding
Before considering legal action against an uncommunicative attorney, try these steps:
1. Send a Note Expressing Your Frustration
Send your lawyer a polite but firm email explaining how many calls or emails have not been responded to. Explain that you need an update on your case to make informed decisions. Be specific about the information you need and the timeframe for which you expect a reply. Try to use email as it can be used as evidence while leaving messages does not leave a paper trail.
2. Get Your File
You have an absolute right to your case file, which contains the key records of your legal matter – this would include pleadings, motions, discovery, correspondence, and attorney notes. Send your lawyer a written request for a complete copy of your file. Getting your file can give you a clearer picture of where your case stands and how your attorney has been working on your case.
3. Seek a Second Opinion
Consider taking your file to another attorney for an independent assessment. A second opinion can help determine if your case is on track or if your lawyer has made significant mistakes. Most lawyers offer low-cost or free consultations for this kind of case review. Just be aware that the second opinion is usually a cursory evaluation, not a deep dive into all the issues.
4. File an Attorney Complaint
If your lawyer continues to stonewall you after the above efforts, consider filing a complaint with the Attorney Registration and Disciplinary Commission (ARDC), the Illinois agency that polices lawyers. The ARDC can investigate your complaint and discipline your lawyer if warranted, including suspension or disbarment in extreme cases.
Complaints to the ARDC typically won’t result in monetary compensation to wronged clients. But if serious misconduct is uncovered, the ARDC process can light a fire under an unresponsive lawyer and lay the groundwork for a malpractice lawsuit.
Some Documents You Need to Take Note Of
Documentation will be key to your success if you pursue an ARDC complaint or a legal malpractice lawsuit against an unresponsive lawyer. When working with an attorney or other professional, it is good practice to keep detailed records, including:
- Notes on phone calls or meetings, including what was discussed
- Copies of emails or letters to and from your lawyer
- Copies of all documents you provide to your lawyer
- Copies of all case-related documents like pleadings and discovery
- Receipts for any legal fees or expenses paid
The more thorough your documentation, the stronger your evidence will be if you pursue an ARDC or legal malpractice claim. Communicate with your lawyer in writing as much as possible, even if it’s just an email memorializing a phone call. Having a solid paper trail can be essential if there is a problem.
When to Consider a Malpractice Lawsuit
If your lawyer’s negligent lack of communication causes severe damage to your case, it may be time to consider a legal malpractice lawsuit. Under Illinois law (735 ILCS 5/13-214.3), a successful malpractice claim must be filed within two years from when you knew or reasonably should have known about the malpractice.
Malpractice lawsuits are complex, including proving a “case within a case.” In these actions, your lawyer’s misconduct must have caused you to lose a case or settlement you otherwise would have won, and then you have to prove how these actions caused you damages. A seasoned legal malpractice attorney can evaluate your situation and advise on the strength of your potential claim.
Discuss Your Options with an Experienced Legal Malpractice Attorney
At 1818, we’ve seen firsthand how a lawyer’s failure to communicate can shatter a client’s trust and ruin their case. If you believe your attorney’s unresponsiveness constitutes malpractice, we can assess your potential claim and advise you of your options.
Our legal malpractice team knows how to investigate attorney misconduct, gather evidence, and pursue all avenues to compensate you fairly. We also assist clients in navigating ARDC complaints to hold lawyers accountable.
Don’t let an unresponsive lawyer harm you financially. Contact 1818 today for a free consultation. Together, we’ll explore whether you have a viable malpractice claim and craft a strategy to get the justice you deserve.
