This is the question I get most often from people who have hired a lawyer but are not happy with the legal representation. Above almost everything else, good communication is the key to a healthy attorney-client relationship. I try not to be the kind of lawyer who doesn’t return phone calls. I don’t want any of my clients talking to another lawyer about me. And I understand: every client deserves to be updated regularly on his or her case.

Let’s look at some reasons why your lawyer may not be returning your calls:

• Your lawyer is doing lawyer things.

Every professional is busy. I won’t tell you that lawyers are busier than doctors or stonemasons or accountants, but most lawyers are busy too. And sometimes very busy. When I am on a court deadline, it feels as if I go down in a hole. Everything else is blocked out. For example, when I am writing a legal brief for a client to support a motion for summary judgment, I have to do what Cal Newport calls “deep work.” The legal brief may be a thirty or forty-page legal analysis applying relevant law to the facts of my client’s case. It is complex. It is not easy. For me to do it right, I have to shut out everything else. On these days, I simply cannot pull another file and call another client with an update on her case. I just can’t get to it that day.

The good news is that when it comes time for me to prepare a complaint or a motion or a legal brief for the client whose call I could not return, I will do “deep work” for that client and shut out everything else. This is how the practice of law is supposed to work. So often when a lawyer does not return your call for a few days it may simply mean your lawyer is busy getting some important work done in your case or in another client’s case.

• There is nothing going on with your case.

The work of civil litigation comes in waves. There are weeks when I spend day after day preparing legal documents or engaged in depositions for one individual case, and then weeks can go by with no activity at all. I usually call a client during a week of intense activity (“Just wanted you to know we filed your lawsuit in the multi-district litigation yesterday. Everything went smoothly.”), but I may not call a client for some time if there has been no meaningful activity. Still, I understand that this practice may be a mistake, especially for some clients who need more frequent attorney contact. I try to perceive which clients need regular check-ins, even if there is nothing to report, and which clients can absorb a few weeks with no communication.

I always tell clients: you call me whenever you need to talk to me, but if I don’t call you it’s because we are between deadlines and there is nothing going on at the moment with your case. But I am always watching over your case, even in periods of inactivity.

• You call twice a day.

Not really. OK, rarely, but it happens. Most clients understand there are times when big events are occurring and communication is essential (“we reached a settlement!” or “you won your appeal!”), and times when nothing is going on and no communication is acceptable. As I have written in this blog many times, product liability litigation is a slow moving train, particularly with mass torts such as artificial hips or prescription drugs. These cases take years to resolve. And for much of that time, no meaningful activity is occurring in your case.

I would likely lose my law license if I called every one of my clients every day. Even though I make a point not to represent too many clients at any one time, I have enough active cases that if I called each client every day I would simply not be able to complete the legal work required to move each case forward. There simply would not be enough time each day.

If you need weekly or daily check-ins about your case, let your attorney know up front (“I expect to hear from you twice each week . . . “). If the attorney cannot meet that standard he or she should let you know up front. And maybe you can work out a call schedule that works for both of you: “Unless I am in court, I will call you each Thursday with an update.”

• You hired an attorney from a national marketing firm.

These guys get to you before the rest of us. You see them in afternoon television commercials, in online ads, in your local newspaper. (It is hard for me to compete with them.) When you call that 800 number you get an intake phone person who is often not a member of the firm but a separate paid contractor. The intake person will write up your story, confirm it is a promising “lead,” and if viable will send it to a more thorough review person at the marketing “firm.” Once the medical records “check out,” the marketing firm may refer the case to one of many participating law firms across the country who will take on the case and pay a referral fee to the marketing firm who took your original call. That will likely be the last time you hear from the “firm” who caught your eye in a late-night advertisement.

I don’t mean to disparage this crowd of marketing firms, but I caution you to be careful in choosing your law firm. The advertising group may not be your best fit.

• Your lawyer doesn’t want to talk to you. Or maybe doesn’t even know who you are.

This is the worst reason. Let’s say a firm pays referral fees to obtain dozens or even hundreds of product failure cases. This firm is employing many paralegals and attorneys to move cases forward as quickly as possible. Returning a client’s phone call is not an efficient use of their time. Often, if you get a return call at all it is a paralegal assigned to the case, and often this paralegal cannot answer many of the legal questions you may have. Try not to become just another number in a law firm’s “inventory.” Slow down and choose a law firm and your lawyer carefully.

And if it gets really bad, you may be forced to fire your attorney and hire another one. This is a delicate subject, and I would say be careful and deliberate when hiring or firing a law firm.

If you want to talk to an actual product liability lawyer, give me a call any time: (919) 830-5602.

I get the impulse to “do it yourself.” Prior to attending law school, I sued my landlord in small claims court for the return of my security deposit (I won). I also tried to replace the steering box in my 1974 Ford Bronco (that didn’t turn out so well).

These phone calls from pro se litigants are often interesting. Plainly some people have developed a distrust of lawyers. For others, the thought of paying legal fees for a good attorney seems unpleasant and undesirable, even overwhelming. Some may be trying to litigate their claim “on the cheap.” But the real question is: does it work? Can a person represent himself or herself successfully in a product liability injury case?

more Do You Really Need a Lawyer?

Here’s the quick answer: No. Technically a person does not need a lawyer to bring any civil action. You can always represent yourself (as an individual) in a lawsuit.

The pro se litigant has a long road. If you’ve read my blog at all, you know how complicated it is to identify a viable product liability case, to gather (and pay for) the relevant medical records, to draft the complaint, to make all the proper case filings, to meet all deadlines from the multidistrict litigation’s case management orders, and to position your case for trial or to negotiate for the highest possible settlement. It’s a slog.

Can a pro se litigant handle it? It’s possible. But you should expect to spend hundreds of hours researching the claim, reading court orders, double and triple-checking deadlines and court filings. One misstep and the case can be dismissed. I would say that the life of a pro se litigant is stressful and difficult at best, and the defense lawyers representing the companies will know immediately that they are dealing with a pro se plaintiff and will reduce settlement offers accordingly. It’s just the way of the (defense) world.

It’s impossible to say whether the defendants will make an offer to a pro se plaintiff that is less than net amount an injured person represented by a competent attorney could expect, but in many cases that is exactly what happens. The pro se plaintiff often gets much less in settlement.

So if you choose to represent yourself, be careful, and be ready to do a boatload of research and work on your case.

By the way, here’s another answer: you do not need a bad lawyer. You should always take the time to research the lawyers and the law firms you are considering. I wrote about this subject some time ago, which you can read here. But my answer is that you do not want to hire a bad lawyer.

So the real question then becomes:

Will a Competent Lawyer Improve My Case Result?

I am sure some law professor at some point has done a study of the results obtained by pro se litigants: the wins and the losses and the weak settlements and the strong settlements. I have not done such a study. But I have practiced law for many years, and I am quite certain a good lawyer who is knowledgeable about the subject matter will get good results for his or her client, and often considerably better results than the client would get on her own.

Did I Miss Something?

Beyond that, the lawyer is responsible for all the headaches and all the responsibilities of the litigation, from start to finish. If there is a deadline, the lawyer must know it and must comply with all filings by the deadlines. Your lawyer will let you know if you need to make a litigation decision, and will inform you of the scheduled date for your deposition, and will let you know of upcoming hearings. You will be freed from the stress and anxiety and chaos of litigating your own case. You will not wake up in the middle of the night and ask: did I miss something today? The psychic benefits of hiring a competent lawyer can be substantial. Instead of poring over discovery, you can do things like focus on your surgery rehabilitation, or read a book, or take a nap.

But Lawyers Are Expensive!

Lawyers are not cheap (and if they are they are probably not worth hiring). But lawyers are expensive the way surgeons and hospitals are expensive, the way a comfortable, reliable car can be expensive.

In a product liability injury case, the minefields are everywhere. After all, you are suing huge corporations who make billions of dollars each year, often on the product that harmed you. These corporations have truckloads of money to spend on armies of dark-suited lawyers, all working feverishly to make your case go away.

So at the end of the day, I’d say it is a dangerous game to represent yourself in any litigation, but especially in complex product liability litigation. Hire a good lawyer, and if your case has value your lawyer will find the value.

As always, good luck.

Note: this article is not legal advice.

The Free Consultation Has Very Limited Value

Let’s start with the hourly-rate case. If the legal representation will ultimately be subject to an hourly fee payment arrangement, this “free consultation” will not likely save you much or any money. First, some lawyers allow thirty minutes “free” and then announce, “if we go further I’ll need to charge you my hourly rate.” But even if the attorney sits patiently and listens carefully to you explain your case for forty-five minutes or an hour, it is unlikely the attorney will be able to give you sound legal advice at that point. Quite simply, a legal dispute is complex (otherwise you could have handled it yourself). Even a basic breach of contract action will usually have two conflicting stories, and behind those stories will sit documents: agreements, letters, invoices, emails, texts, witness statements, all of which must be reviewed carefully and analyzed. So a one-hour consultation usually gives the attorney a surface understanding of your issues. Imagine if a doctor offered a “free consultation,” and after a twenty-minute visit announced, “I understand completely. We must perform surgery and remove one part of your lung.” It doesn’t work that way. Instead, the doctor listens to your story (and charges an office visit fee), then orders the appropriate tests (more fees), and finally makes a decision on proper treatment (again, more fees).

more The Contingency Fee Agreement

In a personal injury case, the attorney will most likely charge legal fees pursuant to a contingency arrangement, which means he or she will collect a percentage of the fee after the case is settled or tried to a jury (and won). So this first visit or consultation would not be charged pursuant to an hourly fee anyway, nor would the second or third or thirtieth. It’s all part of the labor involved in representing a client and earning a 33.33% or 40% contingency fee.

So when a contingency-fee attorney promises the first consultation free, recognize that it is not actually free, nor would he charge you per hour anyway. The “Free Consultation” in personal injury matters is simply a marketing tactic. I have listened to hundreds of prospective personal injury clients explain their issues to me over the years, and in those cases I do not “charge” for this first visit. Given that it is an injury case, I will charge a “contingency fee” rather than an hourly rate, so I recognize that it is all part of the work I will do on behalf of my new client. In that way, I am not providing a free consultation. If the injury case is successful, the client will get paid and I will get paid at the end of the case. If not, unfortunately, no one gets paid.

You Get What You Pay For

Here’s the thing: you don’t want a free consultation. You should recognize the value you receive and the power you have when you pay for services. It will be the best way to ensure that you receive careful, quality representation from an attentive and responsive lawyer. (And this applies to all professions: doctors, accountants, money managers, barbers, painters—everyone.)

There is much truth in the adage that you get what you pay for. When I was in my twenties, and broke, I went to a hotel ballroom that promised a trip to the Bahamas if only I would listen to a simple, four-hour presentation on time-share purchases. I went. It was horrible. Highly trained and highly caffeinated salespeople talked and talked and talked at me about purchasing a time share. I endured this torture for hours, and then received a small document explaining how I was now entitled to receive a four-day stay in the Bahamas. Reading the details, it became clear that I could only use the offer during certain very limited periods in the year, and that I couldn’t arrive (or depart) on certain days of the week. Beyond that, I wasn’t even sure the hotel they promised me had vacancies on the days of the week I was allowed to show up. It quickly became clear my free Bahamas trip was useless. I never made it to the Bahamas (at least with my free voucher). And I will never get back that afternoon listening to “Keith” tell me about the unbelievable time-share deal (available for a short time only!).

Don’t Select an Attorney Based on Website Promises

As always, the best course of action for selecting the right attorney for your case is to do your research. Look for an attorney with demonstrated knowledge in your specific case area. Take a long look at the information provided on the attorney’s website. Does the attorney have knowledge about your specific legal issue? Does the attorney provide recent, timely, up-to-date information on the legal issues you are facing? Make sure the attorney has litigation experience in the relevant area of law. Has the lawyer handled cases such as the one you have? Finally, if possible meet with the attorney you wish to hire. After doing your research, call and explain your case to the firm’s paralegal and arrange a time to meet in person with the attorney. If after the meeting you aren’t convinced that you have found the right lawyer, or the fit simply doesn’t “feel” right, go back and start the process over.

I write more about choosing the right medical device lawyer here.