When does lack of communication become legal malpractice?

Individuals who hire an attorney to handle a matter for them expect that the attorney will communicate appropriately. This doesn’t necessarily mean that they’ll have daily communication, but it’s critical that they remain abreast of what’s going on with their case.

When a lawyer fails to communicate in a reasonable manner, including using calls, text messages, emails and other forms of communication, the matter may escalate to malpractice. Anyone dealing with a lack of communication from their attorney should know a few things about this potential concern.

3 elements of legal malpractice for a lack of communication

There are three general things that must all be true in order for the lack of communication by an attorney to be considered legal malpractice. These include:

• The lawyer had a duty to communicate with the individual. This is usually based on the individual retaining the lawyer as their legal counsel.
• The lawyer clearly failed to update the individual, respond to the individual’s communication attempts or explain key legal matters to the client.
• The client was harmed in some manner by the lack of communication. This can include missing a deadline, making a poor legal decision or losing the case.

There is a fine line that differentiates legal negligence from legal malpractice, so it’s critical that anyone who’s having trouble with their attorney’s communication take steps to learn about their options. These cases are time sensitive, so it’s best to evaluate all options and get a case moving forward as quickly as possible.