Why Attorney-Client Communication Matters -- And What the Rules Require
Your calls go unreturned, the status of your case is a mystery, and you heard about the last development after the deadline had passed. That is more than bad service. When an attorney agrees to represent a client, they take on a duty to communicate clearly, honestly, and regularly -- and the Rules of Professional Conduct (RPC 1.4) impose specific obligations on lawyers to ensure clients remain informed and empowered:
(a) A lawyer shall fully inform a prospective client of how, when, and where the client may communicate with the lawyer.
(b) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
(c) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
(d) When a lawyer knows that a client expects assistance not permitted by the Rules of Professional Conduct or other law, the lawyer shall advise the client of the relevant limitations on the lawyer's conduct.
While it may seem obvious that communication is a core part of an attorney's job, breakdowns in communication are a leading cause of client dissatisfaction -- and can significantly affect the outcome of a case. Failing to meet these duties may even rise to the level of legal malpractice.
Keep copies of unanswered messages, status requests, court notices, and deadlines. A communication failure matters to a malpractice analysis when it can be connected to an actual loss in the underlying matter.
The failure to communicate guide explains when missing information or unanswered messages may become part of a provable malpractice claim.