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Jennifer Ellis, JD, LLC

Attorney. Consultant. Teacher.

Failure to communicate – the most common cause of legal malpractice suits and complaints

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Recently I was looking at some of the questions on Avvo.  I like to look at the ethics questions because it gives me a sense of what is going on in the mind of the average client.  The most common complaint I see involves attorneys who fail to communicate with their clients.

I also know, from my time organizing CLE seminars, that the most common reason for the filing of malpractice suits and complaints to the disciplinary board against lawyers involves the same issue, attorneys who fail to communicate with their clients.

No Excuse

There is absolutely no excuse for an attorney to fail to communicate with his clients.  If such lawyers put themselves in the shoes of their clients, they would realize that these folks are anxious, concerned about being involved in the legal system, worried about money, or going to prison, stressed out about the entire situation.  Then, to have the person they hired to protect them simply refuse to respond when they call, well, that is, frankly, disgraceful behavior.

Why Don’t Some Lawyers Communicate?

I have heard all sorts of reasons for why some lawyers don’t respond to their clients.

  • Too busy
  • Case not going well
  • Difficult client
  • Delays from other side
  • And so on

Here’s the thing. None of these are good reasons to fail to respond. If someone is too busy, he needs to get help.  And really, how busy does someone have to be that prevents sending of an email or a letter, or making a quick phone call? If the case isn’t going well, that is even a more important reason to let the client know what is going on. If it is likely the case will be lost, the client now will lose his case and be angry with his attorney. A perfect storm for a malpractice complaint. If the client is difficult, well, either deal with it or get rid of the client. If a delay is occurring, explain it to the client, and nudge the other side.

Why Do Clients Sue Over Lack of Communication?

Simple. They are frustrated. They are angry. And they don’t feel like the lawyer is doing his job.

Conclusion

Lawyers are in the communication business. Failing to respond to the client is not only unethical, it is likely to lead to ethics complaints. I imagine responding to an ethics complaint takes a lot longer than making a quick phone call.

I’d rather make the phone call. How about you?

Comments

5 responses to “Failure to communicate – the most common cause of legal malpractice suits and complaints”

  1. Van Elder

    In a sea of “little fishes” where most attorneys practice their craft, those “little guppys” are just not enough to get a full meal from. So in their quest to set their bait and hook, they may get many, many “guppies” (a mix of working and middle class clients); the attorney may spend an inordinate amount of time fishing for that big one (the whale client). As a result, either by not adequately possessing the staff for servicing the existing client base, and / or not having a good case management software and other needed technology to support office management and not possessing good people management skills.

    Reply
    1. Jennifer

      All very true. Bringing in new clients when you cannot handle them is pointless. Attorneys who try to improve their ability to bring in clients without improving their ability to handle those clients are just wasting their time.

      Reply
  2. Law Practice Management Wrap Up | MyCase Blog

    […] Failure to communicate – the most common cause of legal malpractice suits and complaints (Jennifer Ellis, JD) – Jennifer Ellis encourages lawyers to communicate better with their clients […]

    Reply
  3. Cecil Caulkins

    This problem goes back to at least the 1960s to my certain knowledge. There are ways to handle the problem that aren’t so tough on the lawyer, however. A very successful family lawyer (high complaint area) has solved it this way: At the initial client conference, he explains what happens after the suit is filed — that things often creep along until the judge is ready to hear them. He also explains that he is usually pretty busy and often in court. So he’ll be hard to reach. However, his legal assistant (she is always present at these conferences) will always be in the office and will be happy to talk to the client any time about the status of the case. If there are problems, she’ll relay them to the lawyer and he will call when he can, perhaps in the evening. And, of course, copies of all papers filed in the case are provided to the client. He says that this approach has been wildly successful and has resulted in happy clients and no malpractice claims.

    Reply
    1. Jennifer

      Excellent way of handling it. A little communication, doesn’t have to be by the attorney him or herself, goes a long way.

      Reply

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