Your lawyer is ghosting you – Here’s why that’s a red flag.

The Solicitors Disciplinary Tribunal recently reported a case where a solicitor failed to tell her client that a medical report had come in that was bad news for their case.

The solicitor was struck off, even though she admitted fault at the earliest opportunity.

If you are hearing nothing from your own lawyer, it may be cause for concern, because good practice is clear:

• Solicitors should tell you from Day 1 about risk. Litigation is all about risk and any solicitor who fails to warn you about that is doing you no favours. For example, a judge not seeing things your way. How can you make good decisions if the pros and cons of a course of action are not set out for you?
• Your own solicitor should have a clear view as to the strengths and weaknesses of your case and should share them with you.
• You should know when major evidence, reports or decisions are expected.
• Your solicitor should treat you with empathy, if you are involved in proceedings, they know that it matters a lot. It may concern the arrangements for your children, or how much money you will have to live on after divorce; you need to know.
• Your solicitor should call you or arrange a meeting, if the bad news concerns a case involving a former partner, they may find out before you and you could learn of some crucial evidence or decision in an unplanned way. Speed is of the essence.
• Once you are told of a decision or similar, the explanation should be set out in writing, and they should invite you to ask questions.
• Is there a silver lining to the cloud? If you are kept properly informed you may be able to come up with solutions.
• A relationship with your family lawyer is all about trust. If they’re not keeping you properly advised, how can you trust them?
• A good solicitor tells you what you need to hear, not assume what you want to hear.

If you wish to discuss any aspects of this,  our family law team prioritize plain speaking with empathy; we can be contacted on 01295 204000.