Client dissatisfaction is an unfortunately common problem in family law cases. Malpractice claims and State Bar grievances are routinely highest among family law attorneys. Some people quiply believe that this tendency reflects the "low-brow" nature of the Family Bar: that the worst attorneys
trickle down to the low-brow practice of family law because they cannot cut it in any other area. (As an attorney who practices family law, I have a Mark Twain-like disagreement with this stereotyped generalization of my colleagues.) Unfortunately, this tendency also reflects the inherent dissatisfaction people feel when getting divorced or contesting custody of a child: many times, they will not be happy with any result. The stakes are high, and the results are inherently personal. It is a difficult time for even the best of people, and it often represents the only time a person will ever deal with a lawyer.
Of course, not all client grievances boil down to an incompetent attorney or an unsatisfiable client. Indeed, although clients tend to believe that most cases involve an incompetent attorney and attorneys tend to believe that most cases involve an unsatisfiable client, the truth is that too many cases fall into a third category: that the client and attorney simply do not communicate effectively or enough.
In our practice, we profoundly understand that representing our clients is not a right, it is a privilege. Clients have a choice as to whom they hire to represent them, and we feel privileged that our clients have chosen us. Above and beyond any ethical requirements, we consider it more fundamentally an inherent part of our business to make sure that our clients not only receive competent and effective representation, but that they know what is going on with their cases at all times. We encourage clients to contact us if they have any questions.
First, clients should understand that there is an inherent trade-off between the extent of legal representation and the cost of such representation. Many times, attorneys do not excessively contact a client because they want to conserve resources.
Second, if you feel like you do not know what is going on in your case, or if you feel neglected, then you should let your attorney know. Although attorneys hold an obligation to keep their clients advised, attorneys sometimes do not know whether or when a particular client feels neglected.
Third, if your attorney does not respond to your requests for updates, then you should get another attorney before it gets to the level of your needing to file a grievance.
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