Legal Question in Personal Injury in Florida

No return calls

I have case pending now for almost five years, personal injury. I have already had my deposition last September 2006, probably the third year into my case, I would call my attorney twice a week for 5 months and he never return my calls, then after that I would call him from time to time and he never return my calls, whenever I do get the chance to speak with him he is very short and little to say, he has never once nor has his secretary has ever call me to keep me updated with the status on my case. Now Im call him again leaving messages to find out that status of the case and how much longer it will be now that I have gone through deposition and he will not return my calls. Is this normal and should I be concern with his behavior?


Asked on 7/19/07, 2:22 am

4 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: No return calls

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This is certainly not normal behavior. If the attorney will not respond to you, you need to find out exactly what is wrong. You should send a written request with all your questions by certified mail to the attorney. Let the attorney know that if you do not receive a full status report of your case together with full responses to each of your questions, you will have no choice but to file a complaint with the Florida Bar. You should be very concerned with the delay and the attorney's failure to respond.

Scott R. Jay, Esq.

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Answered on 7/20/07, 1:58 am
David Slater David P. Slater, Esq.

Re: No return calls

1. no

2. yes

I would go to the courthouse to review the court file.

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Answered on 7/19/07, 7:04 am
Philip DeBerard Accident Law Offices of Philip DeBerard

Re: No return calls

You should not be disrespected like this. he works for you. sit in his office until he talks to you if you have exhausted all other efforts.

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Answered on 7/19/07, 9:22 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: No return calls

No it is not normal and yes you should be concerned. A lawyer has an ethical obligation to communicate with his or her client. The failure to do so is grounds for disciplinary action by The Florida Bar.

I would also be concerned about the length of time your case has been pending. Some very complicated cases can take that period of time, but the great, great, great majority of cases are resolved within 18 to 24 moonths.

So there is no confusion and because you appear to have only been calling (which he may say did not happen), I would write a letter to him and fax it (so you proof that he received it). In your letter ask for an update and be sure to tell him that you are writing because you keep leaving messages and he hasn't called and hasn't kept you informed. Put in the letter all the questions you have and ask for an appointment to come in and talk. I would get to the bottom of this in a face to face meeting.

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Answered on 7/19/07, 2:32 pm


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