I Asked an Unresponsive Lawyer if He Was OK, and He Woke Up
A previous article struck a chord with readers internationally — and lawyers — and the advice we shared has worked well.


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.
From just $107.88 $24.99 for Kiplinger Personal Finance
Be a smarter, better informed investor.

Sign up for Kiplinger’s Free Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
“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.
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.

After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, "You and the Law." Through his column, he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."
-
The Rubber Duck Rule of Retirement Tax Planning
Retirement Taxes How can you identify gaps and hidden assumptions in your tax plan for retirement? The solution may be stranger than you think.
-
No Passport? No Problem. Seven US Getaways That Feel Like an International Vacation
From Puerto Rico’s Caribbean flair to Santa Fe’s old world charm, these American destinations deliver a global travel experience — without the hassle of customs or currency exchange.
-
I'm a Financial Planner: If You're Within 10 Years of Retiring, Do This Today
Don't want to run out of money in retirement? You need a retirement plan that accounts for income, market risk, taxes and more. Don't regret putting it off.
-
Five Keys to Retirement Happiness That Have Nothing to Do With Money
Consider how your housing needs will change, what you'll do with your time, maintaining social connections and keeping mentally and physically fit.
-
Budget Hacks Won't Cut It: These Five Strategies From a Financial Planner Can Help Build Significant Wealth
Cutting out your daily latte might make you feel virtuous, but tracking pennies won't pay off. Here are some strategies that can actually build wealth.
-
To Unwrap a Budget-Friendly Holiday, Consider These Smart Moves From a Financial Professional
You can avoid a 'holiday hangover' of debt by setting a realistic budget, making a detailed list, considering alternative gifts, starting to save now and more.
-
Treat Home Equity Like Other Investments in Your Retirement Plan: Look at Its Track Record
Homeowners who are considering using home equity in their retirement plan can analyze it like they do their other investments. Here's how.
-
Why Does It Take Insurers So Darn Long to Pay Claims? An Insurance Expert Explains
The process of verification, investigation and cost assessment after a loss is complex and goes beyond simply cutting a check.
-
Two Reasons to Consider Deferred Compensation in the Wake of the OBBB, From a Financial Planner
Deferred compensation plans let you potentially lower your current taxes and help to keep you out of a higher tax bracket. It's important to consider the risks.
-
Financial Fact vs Fiction: The Truth About Social Security Entitlement (and Reverse Mortgages' Bad Rap)
Despite the 'entitlement' moniker, Social Security and Medicare are both benefits that workers earn. And reverse mortgages can be a strategic tool for certain people. Plus, we're setting the record straight on three other myths.