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Communication is very important between clients their attorneys. A problem could be occurring if you stop hearing from your lawyer for 60 days or more. Although there are legitimate reasons why this might happen, it should always be a reason to worry and take action. Here is what you should understand if you have not heard from your lawyer for two months.
Obligations under Legal Ethics
Attorneys today are bound by a code of legal ethics. These are ethical standards that every lawyer is expected to meet regardless of the client or the case. One of those standards is replying to client communications in a timely manner. Although this is not clearly defined, it does usually mean within less than two months. Any attorney who has not responded to you within two months is a cause for concern.
Understand the Status of Your Case
Take a moment to understand the status of your case. Although it is not considered correct, some attorneys will contact clients only when there is something happening that affects the case. A lawyer might actually be waiting for something like a detailed medical record, police reports or legal documents from other parties. Check through any paperwork you have to see if your attorney might actually be waiting for something to occur before contacting you about your case again.
Try Making a Short Appointment
If two months pass without a word from your lawyer, then you need to start proactively attempting to contact the attorney. Start by trying to make a short appointment at the law firm with your lawyer. Call staff on the phone or leave a message. Ask to schedule a 15-minute phone appointment if possible. Many lawyers will agree to this. You can use those 15 minutes to express your concerns and get an update about your case.
Request a Meeting in Writing
If you do not get a prompt reply to your request for a phone appointment, then the next step is to request a meeting in writing. This is the official way to get the attention of your attorney. Write a letter asking your attorney to contact you within 21 days of receiving it. Send the letter to the office of your attorney through certified mail. The letter should trigger your lawyer to contact you in the way you describe in writing. Give the lawyer until the end date in the letter before moving on to measures that are more drastic.
Get a New Attorney
If your attorney still does not reply to you even after receiving a certified letter, then something is wrong. You will need to get a new attorney. You can do this by formally firing your current lawyer with another written letter sent through certified mail. Try to have another experienced attorney lined up to represent you before firing the current one. This can reduce the chance of delays or other problems with your case.
Remain Polite At All Times
It can be incredibly frustrating going through legal proceedings without hearing from your attorney for 60 days at a time. It is still important that you remain polite and professional at all times. Do not threaten or argue with your nyc divorce lawyer. Remain calm and collected during any communications even if you never hear back. This is going help you avoid problems in the future if you are overly aggressive or make threats.