Tag: emails

Should I pay my lawyer to talk to the attorney of the other party? He spent 3 hours last week responding to 12 emails from the other lawyer and I need to pay him for this time. At this rate I my lawyer will become a secretary and I will be bankrupt.

Should I pay my lawyer to talk to the attorney of the other party? He spent 3 hours last week responding to 12 emails from the other lawyer and I need to pay him for this time. At this rate I my lawyer will become a secretary and I will be bankrupt.

This is a great question.

Clearly, if the opposing lawyer is trying to run up the costs of the litigation by calling or corresponding with your attorney excessively, so that your attorney has to take the calls and/or write responses to all of the correspondence, that opposing lawyer is playing dirty.

Still, some cases are expansive and/or complicated and may require a great deal of back and forth between attorneys as a reasonable and necessary part of the litigation process.

If your case is the kind that doesn’t require anything close to the amount of calls and emails the opposing side is sending to your attorney, if it is clear that the volume of the opposing attorneys communications are excessive and engaged in in bad faith, you are not obligated to suffer it.

One way that your attorney and you may be able to remedy this problem would be by having your attorney send opposing counsel an email like this:

Dear opposing counsel,

It is clear to any reasonable person that the frequency and volume of your telephone calls and/or written correspondence with our office are unnecessary, unduly burdensome and oppressive, and engaged in in bad faith. My client cannot afford to have my staff or me take such calls and read and/or respond to every one of such written correspondence. Consequently, my client has now directed my staff and me to:

  • spend no more than five minutes per week taking calls from anyone at your office; and
  • read and/or respond to written communications from your office totaling no more than 250 words.

If in a given week you honestly believe you need more than five minutes to speak with me; and/or more than 250 words to communicate in writing to me, my client requires that you send me an email (no printed letters, no faxes) stating a clear and concise explanation why. No one at the office will read your email but I will forward it to my client to determine whether [he/she] authorizes me that week to speak with you for more than five minutes and/or review and/or respond to more than 250 written words from you.

If you have any questions regarding this policy, you are welcome to call me and discuss them with me for up to five minutes this week and/or email me with your questions this week, so long as your email is no more than 250 words in length.

Utah Family Law, LC | | 801-466-9277

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Is it normal for your attorney to ignore your calls or answer your questions?

Is it normal for attorneys of a law firm who have taken on your case to never return your calls regarding any questions, concerns, or updates that you have regarding your case?

For many lawyers and law firms, yes, shamefully yes!

And often it depends upon what kind of lawyer or law firm. It is highly likely that if 1) you do not choose carefully who your divorce or child custody lawyer is and 2) fail to pay your lawyer well to have your lawyer do the job well, you will end up hiring a bad one. “Bad” meaning, among other things, an attorney that does not take or timely return your calls and who avoids providing you with answers to questions, reassurance in response to concerns, and with periodic updates as to the status and progress of your case.

If your lawyer is nonresponsive, meaning that your lawyer does not timely return your phone calls and emails and text messages, and your lawyer does not take the time to answer your questions and assuage your concerns to the extent that the attorney reasonably can, that is almost certain proof that your lawyer is incompetent and a clear indication that you need to get a better lawyer, and fast.

Now it is unfair of you to expect your lawyer to take your call every time you call the office. Attorneys are often on the phone throughout the day and are often already on the phone when a client calls, which prevents them from being able to take that call. So be understanding in that regard. But if your lawyer does not return your call, or at least have a member of his or her staff return your call (in the event that your attorney is away from the office for a period of a day or two on business) within 24 business hours, odds are you have a lousy lawyer who is not going to get any better.

If you have an attorney that responds to your questions with “you just have to trust that I know what I’m doing,” or “that’s the way the law works and I don’t expect you to understand,” odds are you have a lousy lawyer. If you have a lawyer that does not keep you apprised of developments in the case, even if the only thing to give you notice of is that nothing is happened lately and/or nothing is expected to happen anytime soon, odds are you have a lousy lawyer.

Utah Family Law, LC | | 801-466-9277

Tags: , , , , , , , ,
Click to listen highlighted text!