Your Attorney Won't Return Your Calls? Here's What to Do
You paid thousands of dollars. You can't get a callback. This is more common than you think — and there are concrete steps you can take right now.
You've called three times this week. Sent two emails. Left a voicemail that was very polite considering the circumstances.
Nothing.
Your attorney — the person you're paying to defend your freedom — has gone ghost. And your court date is in three weeks.
Sound familiar? You're not alone. This is one of the most common complaints from criminal defendants. And it's not okay.
Why It Happens
Let's be real: most defense attorneys are overworked. They're juggling dozens of cases. That's the reality.
But here's the thing — that's not your problem. You're not paying a group rate. You hired this person to handle your case. A 5-minute status update every week or two is not an unreasonable ask.
What You Should Do
1. Document Everything
Every call. Every email. Every voicemail. Keep a log with dates and times. This isn't about being difficult — it's about having a record in case you need to file a complaint or request new counsel.
2. Send a Written Request
Email or certified letter. Keep it professional but direct:
"I am requesting a status update on my case [Case #]. I have attempted to reach you on [dates]. Please respond within 48 hours with the current status of my case, including any motions filed, discovery received, and next steps."
3. Know Your Rights
You have the right to:
- Communicate with your attorney about your case
- Be informed of all developments
- Access your case files and discovery materials
- Fire your attorney if they're not performing (yes, you can do this)
4. Ask the Right Questions When They Finally Call Back
Don't waste the callback with frustration (even though you're justified). Use it strategically:
- "What motions have been filed since my last court date?"
- "Has all discovery been received from the prosecution?"
- "What is your current strategy for my case?"
- "When is our next scheduled meeting to prepare for court?"
These questions do two things: they get you information, and they signal to your attorney that you're paying attention.
When It's Time to Make a Change
If you've documented repeated failures to communicate, you have options:
- File a bar complaint with your state bar association
- Request a substitution of counsel (if you have a public defender)
- Hire new private counsel (consult about fee refund possibilities)
The Bigger Picture
An attorney who won't return calls probably isn't doing the behind-the-scenes work either. Communication problems are often symptoms of bigger issues: missed deadlines, unfiled motions, and unreviewed discovery.
Don't wait to find out. Ask the questions now.
This is information, not advice. We give you the questions. You decide what to do with them. That's the whole point.
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