Why Hasn't My Lawyer Called Me Back?

Your lawyer hasn't called you back.

It's been two days.

Maybe three.

You've checked your phone enough times that your screen now unlocks itself out of sympathy.

You've convinced yourself your attorney has:

• forgotten your case,

• taken an extended vacation,

• retired without telling anyone,

• or is hiding behind a large ficus every time your name appears on caller ID.

As funny as those theories are, they're usually wrong.

I'm an attorney, and let me tell you what is actually happening behind the scenes.

WHAT IS HAPPENING?

The law has an interesting habit of making everything due at the same time.

Lawyers don't wake up wondering whose voicemail they'll ignore today. We wake up wondering which deadline is capable of destroying someone's case if we miss it.

Then, every morning starts with triage. Not the hospital kind - the legal kind.

Which client has court today?

Whose house goes to auction at noon?

Which judge ordered something due by 5:00?

Which opposing counsel has filed a motion?

Those questions determine the day before a single voicemail gets returned.

Picture this. Imagine your attorney is an air traffic controller.

Every plane wants permission to land. But one plane has smoke coming out of the engine. Another has low fuel. A third simply wants to know whether Gate B has coffee. Everyone deserves attention. But not everyone gets it in the same order.

This helps explain why "Call me back" is nearly impossible:

Imagine receiving 60 voicemails that simply say:

"Hi...call me."

That's like walking into a doctor's office and saying,

"I'd like medicine."

For...what?

Headache?

Broken arm?

Alien abduction?

We need a little context. Here’s what you can do to get your questions answered fast.

The average lawyer’s calendar looks less like a planner and more like a game of Tetris that has developed trust issues.

The Perfect Voicemail

The Difficult One

"Call me."

Estimated helpfulness: ⭐☆☆☆☆

Attorney's knowledge gained: None.

Likelihood you'll get the answer you wanted: Low.

Estimated Response Time:

12 Hours +

Why is this? Between court and meetings, the attorney must call you to determine your question or ask the office to call you back so you will share your questions with them. We’ve done this enough times ‘on the go’ to know that a phone call without being next to your paper file or in front of the computer could spell disaster. This is because we may not have the document in front of us to answer your question: “What did you say was the date that I need to have xyz ready?” But, our calendar is full for the day already so we wait until someone is running late or a meeting gets cancelled to call you back. Since we have a long callback list, your message may not get the priority. 

Then...

The Gold Medal Voicemail

Hi, this is Jane Smith regarding my probate case.

Issue: I received a letter from the court today.

Deadline: The deadline is next Wednesday.

Question: My question is whether I need to sign anything.

I've emailed/texted the document for you to review and see what I’m looking at.

Your Availability: I'm available after 3 today or tomorrow morning.

Estimated helpfulness: ⭐⭐⭐⭐⭐

Attorney knowledge gained: Excellent.

Likelihood you’ll get the answer you wanted: High. 

Estimated Response Time: 1-4 Hours

Why Lawyers Love Emails

Not because we're antisocial.

(Although after reading our fifteenth 25-page motion of the week...maybe a little.)

It’s actually because an email that says:

"I attached the insurance letter. My question is whether I should sign it."

can often be answered in three minutes.

A phone call about the same letter usually goes something like:

"So...how have you been?"

"Pretty good."

"The weather's been crazy."

"Sure has."

"Anyway...I got this thing..."

Twenty-three minutes later...

"Oh! I forgot to tell you...the deadline is tomorrow."

See the problem?

Does a Slow Response Mean My Lawyer Doesn't Care?

Usually...

No.

If you’ve ever wondered why your attorney didn’t answer at 2:17 p.m., there’s a decent chance your attorney was asking a judge not to ruin someone else’s afternoon.

In fact, many of the attorneys who seem "hard to reach" are the busiest because they're actively working cases, appearing in court, writing briefs, negotiating settlements, or preparing for hearings.

Clients often don't see those hours because legal work rarely looks dramatic.

No one posts Instagram stories saying:

"Just finished reviewing 437 pages of medical records."

(Although maybe they should.)

True Story: 

Some time ago, I handled a misdemeanor case.

Months before court, I emailed and called the prosecutor multiple times with no response. This happened up until the day of court. I could not imagine why the prosecutor didn’t have the professional courtesy to call me back, respond to any of my emails or get in touch before court. All I had was total silence from the prosecutor.

On the scheduled court day, I showed up at court and received a polite greeting from her. Despite feeling frusterated, I wore a smile and was also polite. Although my client did not have the upper hand with the facts of the case, we were able to work out a deal to my client’s satisfaction that day and the prosecutor was generous. My client was thrilled with the results. 

As I later learned, the prosecutor had a VERY GOOD reason for her unresponsiveness that a mutual connection shared with me. and as responding to me before court was not legally required, she just didn’t do it. Why? Was it because she wanted to be rude? No. She just didn’t have the time for unnecessary tasks on her overrun calendar. But when it came time to address the issue on the court scheduled day - she did and she was very generous. I was so relieved I had handled the situation well and that things turned out so well for my client. 

Things Your Lawyer Might Be Doing Instead of Returning Your Call

• Standing before a judge.

• In a deposition.

• Negotiating a settlement.

• Reviewing hundreds of pages of records.

• Drafting a motion due today.

• Driving between counties.

• Waiting in a courthouse with little to no reception for a hearing that was scheduled for 9:00 but begins at 11:47 because...court.

Typically, lawyers work a minimum of 60 hours per week. Then, add responses to our long lost friends and family that will come up out of the woodwork for free legal advice and you have yourself something like a never ending story…  

At the end of a work day, I typically have over 50 emails that require my response. I have read them as they come in - we typically read emails immediately but can’t respond immediately - I just haven’t had the time to respond as the response will take reviewing documents or takes explanation of a complex legal issue that will take adequate consideration. These are the left overs after I’ve already responded to the urgent ones that required my immediate attention throughout the day. 

Here's Where Duty Law Does Things Differently

One thing I hear over and over from people is this:

"I don't mind waiting if I know what's happening."

That's fair.

Silence creates anxiety.

So we’ve designed our communication around eliminating as much uncertainty as possible.

Automatic Case Updates:

Every time your case moves to a new stage, our system automatically sends an email explaining:

• Case Status: what was completed,

• Next Steps, 

• Action Item: what we need you to do/sign so we can move forward

Sometimes no phone call is necessary because you already know exactly what's happening. These automatic emails could help lower your attorney bill as well since the summary may answer all of your questions and save you money having to speak with me - you’re welcome!

Schedule Time Instead of Playing Phone Tag

Rather than hoping we happen to catch each other, our clients receive a link to my calendar where they can book a meeting. 

No endless voicemail exchanges.

No "Sorry I missed you."

No wondering when I'll call.

Pick a time.

I'll be there.

Questions by Email or Text

Many questions don't require a thirty-minute phone call.

Clients can email us and should expect a response within one business day.

Often that's faster than waiting for everyone's schedules to line up.

If the response takes considerable time, I will ask the client to schedule a meeting on the calendar. Either way, you will hear from me or my team within one business day.

Need to Talk?

Call the office during business hours. You will speak with a live person and not a robot. The office may have the answer to your question and if not, you will be scheduled to hear from me directly .Instead of wondering whether you'll hear from your attorney, you'll know your request has been received and added to the schedule.

Hiring a lawyer shouldn't feel like sending messages into the void.

But hopefully this information gives you insight as to why your attorney hasn’t called back quite yet! 

No Free Advice or Referrals

To keep our excellent service, we cannot give free legal advice - although we do tend to carry a few free cases on the books when we run across a hopeless situation that just tugs on my heartstrings this is not a nonprofit. 

That being said, protecting attorney time and reserving it for current clients is our focus here. We have to strictly consider taking a new client to ensure we can adequately care for our current cases. We strive to have the happiest clients and limit our caseload for the purpose of staying available for our existing clients. 

If you need free legal advice, there are a few resources available in Arkansas I’d like to share:

1. Arkansas Legal Aid 1(800)952-9243; arlegalaid.org

Family Law; Civil Law; Tenant Rights & More

2. Arkansas United (479)347-2824

Immigrant Resource Center