Natalia Vander Laan
In a perfect world, after the vetting process is conducted taking into account personal recommendations and public reviews, the initial consultation with a carefully selected attorney should lead to a successful attorney-client relationship. In reality, even when exercising all necessary due diligence, such a relationship can still fail. So, what are the signs of an unproductive attorney-client relationship?
A major sign is a lack of communication. Oftentimes, clients feel that their phone calls are not being returned and their questions are not being answered. Like most professionals, attorneys are busy, but being so does not excuse them from ignoring their clients. Attorneys have an ethical duty to promptly communicate with their clients. This does not mean however that every attempt to communicate with one’s attorney can be addressed immediately by the attorney. The attorney might be busy in court or in a meeting and therefore unable to respond to the client immediately. But the client does have the right to expect to hear back from the attorney within a reasonable time. It is however unfitting to contact one’s attorney after hours and expect an immediate response when there is no emergency.
It is important to remember that some attorneys may charge for any communication with the client. Therefore, it is important for the client to differentiate between a lack of communication from their attorney and expectations for unnecessary updates, especially when there is nothing for the attorney to report. However, if the client does not know what is going on in their case or if the client is unable to get an answer to a question, and if this occurs frequently, maybe the attorney-client relationship is not working out to the client’s benefit.
Similarly, red flags should be raised by the client if there is no progress in the case, nothing is filed with the court, no dates are planned, or no documents are drafted, unless the reasons for such inactions are justified and were reasonably explained to the client. Of course, in almost every case, there are periods of stagnancy caused by required court procedures, necessary waiting periods, or even delays of others. But, when the client notices that their retainer is vanishing and there is no actual work to show for it, such an attorney-client relationship should be reevaluated for ineffectiveness.
Another cautionary sign is the lack of a plan of action. From as early as the initial consultation, after becoming familiar with the facts of the client’s case, the attorney should be able to present the client with a plan for how to proceed with their legal matter. Sometimes, the attorney needs to conduct additional legal research to create such plan or, sometimes, the plan will be formed as various alternatives in response to changing circumstances. Regardless, it is always fair for the client to expect to know what the next step in the case will be.
While the attorney-client relationship is a professional one, the matters at issue are often sensitive and personal; therefore, a certain level of empathy from the attorney is expected. The best attorneys create a sense of care in the attorney-client relationship. Similarly, personality conflicts should not be ignored. The attorney-client relationship might be long-lasting and, therefore, it is essential that the cooperation and interaction are also pleasant.
There are many ways to practice law and nurture the attorney-client relationship. Like in any professional arrangement, it is important that both parties are satisfied with their relationship.
Natalia Vander Laan is a Minden attorney.
