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When Your Lawyer Lets You Down
Most problems with attorneys start with a lack of communication.

As attorneys become more and more of a "necessary evil" in physicians' lives, more opportunities exist for problems between you and your attorney. Doctors entrust their attorneys with serious matters and expect that the attorneys will render competent representation.

In this article, we'll tell you what you can do if your attorney isn't meeting your expectations.

Communication is Key

• failure to return a client's calls
• failure to respond to inquiries as to the status of a matter
• failure to contact a client when an issue arises.

Ethics rules require that your attorney keep you "reasonably informed" of the status of your case. This should include phone calls, correspondence, e-mails, copies of pleadings, and billing statements. Keep in mind that reasonably informed doesn't mean contacting you on a daily basis.

Your attorney must relay sufficient information to you so that you may make informed decisions about the matter that she is assisting you with. Sometimes you may not like what the attorney tells you, but remember that she must be frank with you. Your attorney must act to protect your interests at all times, and if she doesn't let you know what's happening, your interests can be compromised.

When you encounter problems communicating with your attorney, or aren't apprised of the status of your matter, put your concerns in writing and keep copies for your records. If you send an e-mail or letter to your lawyer's office saying you have tried on several occasions to contact your attorney without success, most attorneys will then quickly respond.

Make Your Feelings Known

Although the burden is on the attorney to maintain contact with the client, you must express your dissatisfaction in a proactive way. If your requests continue to go unanswered, consider terminating the representation and seeking the advice of another attorney. The terms of the retainer agreement will dictate if you are entitled to a portion of fees you've already advanced. You may also incur charges for the copying of your file.

Serious lapses in communication may be indicative of a pattern of neglect. Although rare, attorneys who have serious problems, such as drug or alcohol abuse, or mental health issues, may repeatedly violate their obligations to their clients.

In extreme cases, these situations could also include theft from a client, failure to meet filing deadlines (i.e., answering a lawsuit), or other poor quality representation.

Like medical professionals, attorneys are required to be licensed by each state in which they practice. In addition to a private legal malpractice action brought by a client against an attorney to recoup funds that a client loses as a result of an attorney's negligence, members of the public may complain to the state bar association.

You Do Have Recourse

If your case has been compromised by your lawyer's inaction, and you've been adversely affected, you may consider filing a formal complaint with your state bar association. The length of the disciplinary investigation by the bar will vary depending on the specifics of your case. The sanction imposed will also depend on the severity of the allegations. In extreme cases, your new counsel may advise you to file an action for malpractice.

Choosing the right attorney is a good way to avoid future problems. Contact your state bar association to determine if the attorney has any disciplinary history. A good past history is one indication of professional competence.

Jeffrey D. Weinstock, Esq., is a corporate/transactional attorney located in Boca Raton, Fla. Lillian Archbold, Esq., is assistant staff counsel for the Florida Bar's Division of Lawyer Regulation in Fort Lauderdale, Fla.