Hogan Injury

The Lawyer’s Duty to Keep Their Clients Informed

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QUESTION:

I retained an attorney to represent me after a slip and fall at a commercial property. However, I have not heard from my attorney if the lawsuit has been filed. Is my lawyer obliged to provide me with such information regarding the progress of my case?

ANSWER:

As clearly stated in the California Rules of Professional Conduct, attorneys have a duty to communicate with their clients and keep their clients “reasonably informed about significant developments relating to the employment or representation” (CRPC 3–500). Properly performing the job for which the lawyer has been retained also requires him/her to take the initiative in keeping the client posted about the progress of the case [Butler v. State Bar (1986)]. “Failure to communicate with, and inattention to the needs of a client may, standing alone, constitute grounds for discipline” [Harris v. State Bar (1990)].

Filing a lawsuit could already be in itself stressful and complicated, so working with an attorney or a law firm that values professionalism and puts the needs of their clients first will minimize, if not totally eliminate, frustrations brought about by filing an action or claim.