How Often Should I Expect to Hear from my Attorney on a Personal Injury Case?

When you are in the middle of a legal case, the relationship you have with your attorney is crucial to your success, not to mention, your peace of mind as you navigate the complexities of the legal system. As the victim of an injury that was caused by someone else, you are particularly anxious to resolve your case and receive the funds you need to move forward from the accident. That’s why lack of communication is one of the most frequent complaints people have about their lawyers as they wait for a case to be settled.

A lot of people with pending injury claims contact us with the following questions:

• How often should I contact my lawyer to ask about my case?
• How many times a month should I email my lawyer for an update on my case?
• If there a deadline for how long it takes for my attorney to get back to me?
• What do I do if there is a constant lack of communication from my lawyer?

First, we want to stress that there is no exact number of updates that an attorney has to provide to their client. Nor is there a limit on the number of times you can contact them to ask for an update. The key is to strike a balance that works for both sides, while recognizing that certain stages of a legal case require more communication than others. Clients must also give their lawyers enough time to respond to calls, texts, and emails, and understand that it may be someone other than the attorney who gets back to them.

So, let’s start with the most basic question at hand, i.e., how often you should expect to hear from the lawyer that is representing you in a personal injury lawsuit.

How Long is the Average Time Between Updates from my Attorney on My Case?

Though lawyers should be providing you with regular updates throughout your case, how often they do this depends on where you are with your lawsuit. Frankly, it’s possible that there may not be anything to report for a few weeks at a time. This is particularly true during the negotiation process with the insurance company. In California, it’s not unusual for 3 to 6 weeks to go by between each offer and counter offer. And there is generally no point in your lawyer contacting you until there is a response from the insurer.

The same can be said once your claim progresses to a lawsuit and you are waiting for a court hearing. Saying that the court system in California is backlogged with cases is an understatement. In short, the wheels of justice do indeed turn slowly, and there’s nothing your attorney can do to speed up the court’s schedule.

Granted, lawyers do contact their clients more frequently if there are complex issues that need to be resolved. This can happen if you have severe or complicated injuries, and the state of your health is continually changing. Communication also picks up drastically in the months before a trial, and during the trial process. In these situations, clients and attorneys may communicate on a daily basis, as every detail must be examined and discussed in order to ensure a successful outcome.

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How Many Times a Month Should I Call my Lawyer?

Most people are considerate of the fact that their lawyers have more than one case at a time. And some of these cases are headed to court or in the process of being heard in front of a judge and jury. In short, most lawyers are incredibly busy from morning till night, and it’s impossible for them to keep in touch with every client on a frequent basis.

So, what is a reasonable number of emails or calls to your law firm if you need updates on your case?

While there is no magic number we can provide you with, we would say that once a week is the maximum in terms of how often you should call your lawyer. Again, this really depends on the issues in your case, like major developments with your health or finances. If it’s important information that’s relevant to your case, you should certainly contact your lawyer as soon as possible.

Many clients wait about two weeks to a month before they ask for an update. This is perfectly reasonable, though your attorney may not have any news on your case. Nevertheless, you should never be ignored by your lawyer when you contact them, whether it’s through the phone or in writing. And that brings us to the next question: what’s a reasonable amount of time for a lawyer to get back to a client?

How Long Should it Take for my Lawyer to Respond to Me?

For the most part, you should expect a response from your law firm within 2 to 3 business days. We say “law firm” because it could be someone other than your attorney that responds to your question. For example, if your lawyer is ill, on vacation, busy with a trial, etc., you may receive a call back from their secretary or paralegal. However, if the issue is particularly complex, your lawyer should be the one getting back to you.

We advise that you wait 3 days, and if you still haven’t heard from them, call or email again. If you continue to be ignored by your lawyer, you should let them know that the lack of communication is worrying you and you are in need of more timely responses. We recommend that you do this in writing for two reasons:

1. If you choose to file a complaint, you have proof that you attempted to resolve the matter with them privately (also helpful in the event you choose to find a new lawyer).
2. It’s easier to keep things polite and professional when you address someone in a letter versus talking to them face to face.

It’s very possible that the letter will turn things around and improve the rate of communication between you and your lawyer. To help smooth things over, your lawyer may ask you to meet with them, which is a good idea, as you can clarify your concerns and ensure that both of you are on the same page.

Why is it Taking my Lawyer so Long to Get Back to Me?

There are many possible answers to this question, and it doesn’t always mean that your lawyer is neglecting your case. On the other hand, long periods of silence could be an indicator that your case is headed in the wrong direction. To get a sense of what may be happening with your attorney, here are the most common reasons for why it’s taking so long to hear from your lawyer:

• Your lawyer is busier than usual. Even lawyers who are on top of their game can struggle to keep up with their case load. For example, they may have more than one trial going on at a time, or they are dealing with multiple claims involving unusual circumstances. As a result, they are extremely busy and may not have the time to get back to your calls as fast as you would like. That’s not to say that you should be ignored altogether. As we said before, someone should get back to you within 3 business days to provide updates or to let you know if they need more time to answer your question.
• Delays with the court system.Given the number of lawsuits that are filed at any given time in the California court system, it can take many months for a case to go to trial. Even before the trial, there will be a series of pre-trial hearings that can go on for weeks or months. During this period, there is a lot of down time, so your lawyer may not have anything to report. This should change the closer you get to the trial date, unless you manage to reach a settlement before then.
• Your lawyer is not confident about your case. This is one of the most unfortunate reasons for why an attorney slows down in terms of how often they speak to a client. Essentially, your lawyer believes that your chances of success have gone down significantly. As a result, your case is less valuable to them, and they have chosen to focus their attention on other clients.

Of course, your lawyer has a duty to let you know what’s going on, but no one likes to be the bearer of bad news. And maybe they’re looking for ways to save your case and still deliver a settlement that you can live with. Either way, it’s frustrating to not hear from the person that’s in charge of your lawsuit, and your lawyer’s procrastination can end up hurting your case in the long run.

What can I Do if My Lawyer is Ignoring my Phone Calls and Emails?

So far, we’ve done a great deal of speculating on why it can be difficult to get updates on your case from your legal representative. But the reasons become less important the longer you deal with these problems. The truth is, you have every right to expect timely responses from your lawyer whenever you contact them with a question or concern. If you do not feel valued or respected as a client due to on-going communication problems, it may be time to look for a new attorney.

Before you do so, it’s important to confirm that there are legitimate problems with your case, and that you would benefit from finding someone else to represent you. That’s why you should contact us right away to schedule a free second opinion. Our goal is to provide you with an honest assessment of your case and let you make the decision that feels right to you. Whether you sign on with us or choose to stay with your current law firm, it’s our pleasure and privilege to have offered you guidance in your time of need.

Speak to an Experienced California Personal Injury Attorney

Our law firm has a dedicated team of legal experts who are waiting to advise you of your rights and legal options. We firmly believe in the principle of independent counsel at any point during a lawsuit. Speaking to another lawyer can give you a clearer understanding of your rights and legal options, including the right to switch your lawyer if your current attorney is failing to look out for your interests.

If you wish to continue an existing lawsuit with us, you pay nothing out of pocket, as we have a Zero Fee Guarantee in place for all our clients. We don’t believe in getting paid unless you get paid, so the only time we collect payment is at the end of your case, when the settlement check arrives from the defendant.

For a free second opinion from a lawyer with experience in accident injury cases, contact Normandie Law Firm.

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