Why Is My Attorney Not Getting Back to Me?

One of the biggest complaints an attorney hears from clients, or from clients switching firms is that their attorney didn’t get back to them often enough or fast enough. There are a variety of reasons for this, and I thought it might be helpful for a lay person to understand why.

1) Economics of Your Case. Attorneys are very cognizant that every time we contact you, we are charging you money. We also know how much money you are hoping your litigation ranges in cost to be. This is why we try not to frivolously contact you, or answer each email, especially, if you have sent multiple emails, until we think we can respond to all of them in one fell swoop. This isn’t because attorneys are lazy, it’s because generally, each time we do something on your case, it is likely going to cost you 2/10ths of our hourly rate and that builds up quickly. 

How can you help? Make sure you are paying bills in a timely manner, repaying your trust balances, and trying to consolidate your emails for effective use of your money.

2) Court and Deadlines. Just like for your case, we will prioritize deadlines and litigation for upcoming cases ahead of cases where deadlines are further out. While in litigation, we may have a few days prior to that litigation when we are prepping clients. Then litigating in court tends to be all day, for multiple days. Having an attorney who appears in court often is a good thing, as they have a good read on judges, and good skills. They also manage a balancing act with time spent in the office and meeting deadlines. Like an airline, litigators have to book their schedules knowing some cases will settle. 

How can you help? Ask for a paralegal, and talk to them about your request, they can answer a lot of questions, and get the more urgent matters in front of an attorney more quickly!

3) A Lack of Litigators. You may be surprised to hear this, but Virginia is VERY short on litigators, especially young litigators, so good attorneys right now are very busy. This is especially true for family law attorneys since the start of the Covid pandemic. Firms are having harder times finding associate attorneys, and generally have larger case loads than before the pandemic.

4) Email Fatigue. Generally we are opening our inboxes to about 100 emails daily. We weed out the junk, and try to respond to the substantive requests within 24 hours, but this can be harder when you have large projects that require devoted time.

How can you help? When you know you need some time and have a number of questions: book a meeting. Even if it is a few days further out than you wanted, it gives you and the attorney dedicated time to look at your case, and you both can be prepared.  

5.) Legal Matters Take Time. Waiting for documents from others, waiting on opposing, then getting the time to look through and analyze responses, making sure those responses are approved. The legal world moves slow…sorry, that’s the truth. The courts move even slower! We don’t want to charge you money just to keep saying, “Nothing new,” so often there can be big gaps of silence. 

How can you help?  Be organized. The more information you have, and the more organized your case is by you, the less time your attorney needs to spend trying to find the information they need. Take a step back and understand that while this matter is likely causing you stress and anxiety and you want questions answered, it may take some time to resolve. Having other people to help with the mental health effects from litigation, and coming up with a strong game plan you support with your attorney can often help you feel more grounded. Everyone’s legal matters feel like they move at a snail’s pace, but I promise – it’s not just you!  

If you are concerned about the time it takes to get a response, or the attention your case is getting, request a meeting with your lawyer. Ask for suggestions on ways you can work together and communicate more effectively as a team. This person wants to help you or they wouldn’t have taken your case. I am not saying every lawyer is perfect all the time, we are humans, judges are humans, clerks are humans. But talking with your counsel and understanding where they are coming from will help you not just with that lawyer relationship, but future ones, as well.

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