I Asked an Unresponsive Lawyer if He Was OK, and He Woke Up

The most frequent complaint that all state bar associations receive from the public is a refusal, unwillingness or absolute failure by their lawyers to communicate — specifically, to return phone calls.

A recent article included an interview with New York psychotherapist Dr. Elizabeth Eckhardt, a Learn Formula continuing legal education presenter and director of the Nassau County Bar Association’s Lawyer Assistance Program.

What to Do if You’re Concerned About Your Lawyer examined how the stress of law practice often reveals itself as depression, substance abuse, even suicide.

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“Ignoring clients’ repeated requests to return their phone calls is often a sign that a lawyer has taken on or been assigned too much work or is having emotional issues,” Eckhardt pointed out.          

It’s not just clients who feel ignored, but often lawyers who are treated the same — read: ignored — by attorneys to whom we have referred our own clients.

Put on 'ignore'

“Sandy” is a case in point. She, among other physicians, is an internist having issues with an HMO that is requiring them to see far more patients in the course of a day than is appropriate or safe. I referred her to employment attorney “Rick” months ago.

We provided him with all the written materials he requested, and we were told that a lawsuit would be filed within days. Yet, despite frequent emails and voicemails asking for updates, we felt as though we’d been put on ignore.

Then I had an idea: Why not send him a polite, empathetic email asking if he is okay and enclose a link to the previous column? I know how I would feel if a colleague sent me an article that ever so slightly suggested that I was losing it.

In less than 24 hours, Rick sent us a detailed case analysis, along with an “explanation” for his lack of responsiveness. Sandy’s case is now moving in the right direction — and Rick is well aware that he has no more bites at the apple. The next unexplained failure to communicate will lead to his being fired for cause.

Can you help?

Within days of when that story ran in April, and my successfully using it to awaken a comatose Rip Van Winkle, our office started receiving phone calls from across North America, Australia and even the U.K. from clients and referring lawyers, all asking if I had a suggestion that would get some sign of life from their attorneys who deserved an Academy Award for ghosting.

Apparently, that story made it onto at least a couple of websites where clients complain about their lawyers. The message was always the same, regardless of what kind of case it was: “I keep leaving messages, asking for a return call, and nothing!”

Some of the callers were frankly worried. “We are in the discovery stages of a lawsuit,” said a caller from Hartford, Conn., “and I have been sanctioned for my attorney’s failure to turn over certain documents to the other side. The court has threatened us with dismissal if he does not comply within seven days.”

Several clients had one other thing in common: They had all been in auto accidents and had retained law firms after seeing “no recovery, no fee” TV commercials.

Their refrain: An investigator was sent out and signed them up, and then nothing, and it has been months. They’re worried that the longer this goes on, there is a chance of failing to file a suit before the expiration of the statute of limitations.

Follow my example

Several of these callers were referred to chiropractors, doctors and physical therapists, yet their bills remained unpaid for months, despite the availability of medical payments through insurance and signed liens.

Our office also received calls from the actual care providers, wondering what they could do to get these law firms to arrange for their bills to be paid.

Many had read my articles on the challenge of getting some attorneys to honor physician liens where the lawyers had promised to protect the health care provider’s bill — but then refused.

I related my success story of asking Rick if he was OK and sharing April’s column with him and urged these readers to do the same. I also cautioned, “Think carefully if you plan on posting something online about that attorney. You do not want to poke a sleeping bear. The last thing you need is to be sued for defamation.”

So, the takeaway from Eckhardt’s down-to-earth advice in the April story is simple: There is a time and place to be patient. Dealing with a non-responsive lawyer isn’t one. Politely asking, “Are you OK?” and with a sense of care can go a long, long way. But if that fails, lawyers hate it when clients complain to their state bar or others in their own firm, but do not hesitate, as your case could be at risk.

If you or someone you know may be considering suicide, call or text 988 (in the U.S.) to reach the 988 Suicide & Crisis Lifeline, available 24 hours a day, seven days a week. Or use the Lifeline Chat. Services are free and confidential.

Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.