What to Do If Your Attorney Doesn't Return Your Phone Calls

The number one complaint about attorneys is that they don't return phone calls. But before we judge them, let's consider their side for a moment.

An attorney is usually very busy. They can be involved in court, depositions, mediation, client meetings or many other things.

Here are some basic reasons for poor response:

• An attorney must be able to multi-task and work a calendar to ensure everything gets done. Some are better at this than others.

• Over-scheduling the day and taking on more work than he or she can handle sometimes leads to scheduling conflicts. Attorneys are human after all, and not all of them are the best at running their businesses.

• And of course, there are always bad apples, and the legal profession is no exception. There are some lawyers who simply neglect their clients and their cases.

So what is a reasonable time-frame to expect a return phone call from your attorney? The short answer is, "It depends", because a reasonable time depends on what the attorney has on their agenda at the time you call.

For example, if an attorney is in trial, he may not be able to return calls until a few days after the end of the trial. There are many details that must be finished up. However, if it's a trial lasting more than a few days, or if the call is a true emergency, your attorney should return your call briefly, send an email, or have someone call on his behalf.

If an attorney is not in trial or involved in complicated preparation for it, you could reasonably expect a return phone call within 48 hours of leaving a message. However, there are no rules -- each firm handles the process differently.

Whether you are the client of a very busy attorney or one who is just being negligent, the following advice should get your calls returned within a reasonable time-frame.

The first step is to realize that your attorney may be involved in a situation as mentioned earlier, that makes it impossible for him to return your phone call the same day. Ask the person who answers the phone if the attorney is in trial or in some other situation that prevents him from handling your issue quickly. Try leaving a reasonable deadline for the attorney to call you back, as follows.

In a non-emergency situation, say something like, "This is John. I'm calling because [whatever your reason is]. It's not an emergency, so if you're busy, I don't expect you to call back until [name a day 3-4 days out]. If you are not busy of course, I'd appreciate your response as soon as possible. Thanks very much."

If you feel your situation is more urgent, a message might sound something more like this: "This is John. I'm calling you because I have a very urgent situation that needs your immediate attention. [Then state your reason]. This is what I consider to be an emergency, so I would appreciate a call back by [whatever you consider to be a reasonable time]. Thanks very much for your understanding. I apologize for any inconvenience this may cause you. The apology shows you respect your attorney's and the staff's time.

The key to using the "emergency situation" call is to never use it unless it's absolutely necessary. It's only natural to treat a person with the same respect that he has given you. Calling with frequent false emergencies is a sign to some attorneys that the client doesn't respect his time. The more a false emergency is used, the less likely it is that an attorney will respond in a timely manner. While that may not seem fair, it's just human nature.

As a last resort, if these techniques don't work, send a registered letter. This is certain to get the attorney's attention. State a reasonable deadline within which you expect a response. This is definitely a last resort method, and should only be used once. If it doesn't work, it's probably time to find a new lawyer who has more time or interest in handling your case.

It's essential to talk to your new lawyer before you hire her or him to find out what their policies are for communications. Perhaps email is a better way to contact them.

The key is to discuss the issue at the beginning of the relationship. You should always get an agreement in writing, stating policies and procedures, including communications.