When Silence Speaks Louder: Firing Your Attorney for Lack of Communication

Dealing with legal issues can be a distressing and overwhelming experience, and having an attorney who fails to communicate effectively can exacerbate the stress. If you find yourself in a situation where your attorney isn’t meeting your communication needs, it may be time to consider parting ways.  At least twice a month we get phone calls from clients looking to fire their current attorney due to lack of communication. Below are the guidance that I give people when deciding on firing your old attorney due to lack of communication.  You may think you are stuck and don’t have options, but you do.  You always have the ability and right to fire your attorney for whatever reason.  Below, I’ll give my insight (as a practicing attorney) as to why communication is important, signs that your attorney isn’t communicating and finally, how to fire your attorney if you choose to do so.

The Importance of Communication in Legal Representation:

Effective communication is the cornerstone of a successful attorney-client relationship. When you hire an attorney to defend you against criminal charges, you expect them to keep you informed, answer your questions, and address your concerns promptly. Here’s why communication matters:

1. Understanding Your Case: Clear communication helps you understand the details of your case, the potential outcomes, and the legal strategies being employed.
2. Informed Decision-Making: Timely and accurate information empowers you to make informed decisions about your defense, including whether to accept a plea deal or go to trial.
3. Reducing Anxiety: Regular updates and open communication can alleviate the anxiety and uncertainty that often accompanies criminal charges.
4. Trust and Confidence: Effective communication fosters trust and confidence in your attorney’s abilities and commitment to your case.

Signs That Your Attorney Isn’t Communicating:

Recognizing when your attorney is failing to communicate effectively is the first step in addressing the issue. Here are some common signs:

1. Unanswered Calls and Emails: Your attorney consistently fails to respond to your calls, emails, or messages in a timely manner.
2. Lack of Updates: You are not receiving regular updates on the status of your case, court dates, or developments.
3. Missed Appointments: Your attorney frequently misses scheduled meetings or court appearances without explanation or notice.
4. Unclear Legal Strategies: You are unsure about the legal strategies being used in your defense or the options available to you.
5. Ignoring Concerns: Your attorney dismisses your concerns or questions without providing satisfactory answers.

Steps to Fire Your Attorney for Lack of Communication:

1. Review Your Contract: First, review your attorney-client agreement to understand the terms and conditions for ending the relationship. Pay attention to any provisions related to termination.
2. Express Your Concerns: Before taking any drastic action, communicate your concerns with your attorney. Express your dissatisfaction with their communication and give them an opportunity to address the issue.
3. Seek a Meeting: Request a face-to-face meeting or a phone call to discuss your concerns in detail. This meeting can help clarify misunderstandings and provide an opportunity for improvement.
4. Document Everything: Keep records of all communication attempts, including dates, times, and content of messages. These records can be valuable if you need to justify your decision later.
5. Consult Another Attorney: Consult with a new attorney to discuss your case and assess whether it’s in your best interest to switch representation. Ensure you have a new attorney lined up before proceeding.
6. Notify Your Old Attorney: Once you’ve made the decision to change attorneys, formally notify your current attorney in writing. Keep the notification professional and focused on the lack of communication as the reason for termination.
7. Retrieve Case Files: Request copies of all case-related documents and files from your old attorney. They are legally obligated to provide you with your case materials.
8. Notify the Court: Inform the court that you have terminated your attorney and have retained new counsel. Ensure that your new attorney files the necessary notices with the court.  **At our law firm, we don’t require that the client notify the court-wo do this on their behalf so they don’t have to worry about it.**
9. Evaluate Your New Attorney: Make sure your new attorney is responsive, communicates effectively, and meets your expectations for representation.  Check for opportunities to talk to your attorney, can you easily schedule appointments with your attorney?

Firing your old attorney due to a lack of communication is a significant decision, but it’s essential to prioritize your defense and your peace of mind. Effective communication is your right as a client, and it plays a pivotal role in securing a favorable outcome in your criminal case.  If you think your current attorney isn’t communicating, give our office a call at 504-434-7000.  We’ll review your case and let you know how we can help you.  More importantly