Can I Sue My Lawyer for Ignoring Me or Not Communicating?
Few things are as annoying as being ignored by your attorney. Many people have no idea what is happening in their legal case, and they are often frustrated by the slow pace of developments. They depend on their lawyer to answer their questions and keep them updated on the process. When a lawyer ignores emails and phone messages, many clients experience intense anger.
But do you have a legal case against your lawyer for failing to communicate? It depends on the facts of your case. Texas law gives clients the right to file a legal malpractice case when their lawyer’s professional negligence ends up impairing their rights. However, simply failing to communicate in a timely manner doesn’t automatically give you a right to sue.
Negative Consequences of Ignoring a Client
Lawyers have an ethical obligation to communicate in a timely fashion with their clients. And there are many situations where a lawyer cannot act on a client’s behalf without receiving instructions from the client.
Here are some negative consequences of ignoring a client:
- Lack of evidence. A lawyer needs evidence to help vindicate your rights. For example, in a car accident case, a lawyer needs information about what happened, about the other driver’s identity, and your medical bills. If a lawyer does not get this information, they cannot successfully bring an injury claim on your behalf.
- Failure to pursue the client’s interests. The client hires a lawyer to achieve some objective; the lawyer provides a roadmap for success. But when lawyers fail to communicate, they don’t even know what their clients hope to achieve.
- Missed deadlines. A lawyer cannot file a lawsuit before a deadline unless they have certain information. As a result, a lawyer could miss the deadline.
- Settlement without permission. The client decides if they want to settle a claim and for how much. A lawyer who doesn’t communicate might end up settling without authorization, which is unethical.
Can You Sue for a Lack of Communication?
It depends on whether your lawyer has harmed your legal rights by not communicating. We cannot answer that question until we know more about your legal claim. For example, you might have hired a lawyer to negotiate a car accident settlement, but the lawyer ignores you. Consequently, they settle on your behalf without permission.
If the settlement is generous, then you might not have legal grounds to sue. Also, if your case lacked merit, then ignoring you did not cost you money.
To bring a successful claim, we need to show how your lawyer’s negligence ended up compromising your rights. A clear example is when a lawyer’s mistake leads to losing a meritorious claim.
However, you can still file a grievance with the state if your attorney is ignoring you. As mentioned above, they have a professional responsibility to stay in communication with clients. The state bar can investigate and sanction the lawyer, if appropriate.
We Represent Frustrated Clients
Lawyers owe important duties to clients, and communication is the foundation of the attorney-client relationship. Contact Pierce Law Firm to learn more about whether you have a solid claim against a lawyer. You can meet for a free consultation with a Houston legal malpractice attorney in our office.