My lawyer isn’t keeping me informed on what’s going on. What can I do?

Lawyers are ethically bound to keep their clients informed on important developments in the case, and to respond to inquiries.

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Question

My lawyer isn't keeping me in the loop on what's going on with my criminal case. I'm getting nervous because I don't know if things are going well or if I might end up in jail. Is there anything in the law that I can use to make sure I'm kept informed on the details of my charge and my case?

Answer

Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components:

  1. to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and
  2. to respond reasonably promptly to a defendant's request for information.

The duty to keep clients informed rests on attorneys, not clients. But on the theory that if the attorney screws up it's the client who usually suffers, here are a couple of steps that defendants can take to try to secure effective communication with their lawyers:

  1. Raise the issue early on. Establish, in advance, a clear understanding about case updates. If an attorney's practice is to initiate contact only when a development occurs, the attorney should communicate that to the client at the outset of the representation. If a client wants (and can pay for) regular updates regardless of whether developments have taken place, that too can be spelled out in advance—even included in a written retainer agreement.
  2. Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant. And because some lawyers have poor communication skills, the defendant may be better off getting information from an assistant than from the lawyer.

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Full Name is required
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By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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