Posted On: January 2, 2009 by Meriwether & Tharp

What if you cannot reach your lawyer?

It is important to keep in touch with your lawyer. Failure to do so can cost you your case and have dire consequences. In a recent Atlanta divorce, a client could not reach his lawyer, despite repeated phone calls, e-mails, letters, and a visit to his office. He tried to reach the court to find out if there was an upcoming hearing, but they would not talk to him because he was represented by an attorney. Unfortunately, a hearing was held in his absence, and his wife essentially received not only the entire marital estate, but also 21 years of alimony. Despite his efforts to reach his attorney and the refusal of the Court to communicate with him, the Supreme Court of Georgia would not overturn the result.

If you are reading this for the first time and have been having troubles reaching your lawyer, the first thing to remember is do not panic. In the vast majority of the cases, the lawyer is typically tied up in Court, depositions or mediations. A family law attorney is out of the office and in Court more than most other attorneys who focus on other areas of the law. An experienced divorce lawyer will have trained staff to monitor Court notices and deadlines to keep the client informed as to the status of their case. Before firing your lawyer, which will often cost you money when the new attorney has to be brought up to speed, you should take the following steps:

1) Call the office and ask to speak with the paralegal or legal assistant who has been working on your case. If you cannot reach him or her, leave a message.

2) Follow your voicemail up with an e-mail, fax, or letter asking for a simple status update.

3) If you do not get a call or return e-mail within 24 hours, call the office and ask for, at a minimum, a telephone appointment to either speak with the staff person on your file, or your attorney.

4) If you are unable to have at least a telephone appointment scheduled, then you need to send a letter to your law firm and put them on notice of your intent to seek representation elsewhere. Immediately begin searching for a new lawyer