Imagine being so stressed because of a legal issue you need to deal with. But then your lawyer suddenly stops returning your calls or emails. You try to reach out but to no avail. So, you accept the bitter truth, your lawyer ghosted you. Lawyers have a legal and ethical duty to communicate with clients and handle cases with reasonable care. So, if your attorney completely disappears, it is not just a case of unprofessionalism, it could amount to legal malpractice.
Is silence malpractice?
Not every delay is malpractice. Lawyers get busy, and brief communication gaps are common. But if your attorney disappeared long enough to miss deadlines resulting in a dismissed case or lost opportunities, that could be abandonment and a serious breach of duty. If you want to file a malpractice claim in California, you need to prove the following:
- You had an attorney-client relationship.
- The attorney acted negligently or failed to perform their duties.
- The negligence directly harmed your case.
- You suffered monetary loss as a result.
Remember that you need to document everything and have sufficient proof that your lawyer disappeared on you and that you did everything in your power to reach out to them.
Why do lawyers “ghost” clients?
Lawyers might disappear because of overloaded caseloads, poor communication habits, firm closures or even personal issues. But no matter the reason, as a client, you have the right to regular updates and honest communication about your case’s progress.
What do you do next?
One of the first things you can do is to check the State Bar of California’s website to see if your lawyer is currently facing disciplinary action or unable to handle cases due to suspension. You can also send a certified letter requesting a case update and your client file. If you still do not get a response, speak to a legal malpractice attorney who can review your situation and determine if your lawyer’s neglect caused harm.
Note that the statute of limitations for filing a legal malpractice claim in California is typically one year from the date you discover the negligence, so you need to act fast.
When to contact a legal malpractice attorney
A qualified legal malpractice lawyer can help you recover financial losses and hold your former attorney accountable. It is devastating to have to deal with two cases now, but you do not have to handle this alone. The right attorney will help you regain control of your case, and hold your negligent lawyer accountable.