What the rules require
Attorney communication is not a courtesy -- it is an ethical obligation. The Rules of Professional Conduct set clear standards for how attorneys must communicate with clients.
Model Rule 1.4: Communication
- (a)(1) -- Promptly inform the client of any decision or circumstance requiring the client's informed consent
- (a)(2) -- Reasonably consult with the client about the means by which the client's objectives are to be accomplished
- (a)(3) -- Keep the client reasonably informed about the status of the matter
- (a)(4) -- Promptly comply with reasonable requests for information
- (b) -- Explain matters to the extent reasonably necessary for the client to make informed decisions
What this means in practice
Your bankruptcy attorney should:
- Return phone calls and emails within a reasonable time (typically 1-3 business days)
- Inform you about court orders, trustee requests, and case developments
- Explain your options when decisions need to be made
- Prepare you before hearings and the 341 meeting
- Provide copies of documents filed on your behalf
Persistent non-communication is an ethical violation. If your attorney consistently fails to return calls, respond to emails, or keep you informed about your case, they are violating Model Rule 1.4. This is grounds for a bar complaint.
Related Topics
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