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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110601
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In follow up to other questions: my lawyer will not respond

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In follow up to other questions: my lawyer will not respond to one email about his reaction to the (low) proposal from my husband's lawyer, received nearly three weeks ago. He was on vacation last week. As stated in my last question, I suspect that my husband may not negotiate. He also changed the proposal at last minute when he found out my parents sold their house. Potential inheritance, unlikely to be much. Anyway, I asked for lawyer's general thoughts on how we may proceed. Any thoughts. Nothing. I finally asked for a meeting, a week from now. So it will be a month since he got the offer.

I have a really bad feeling. Why would he not provide any feedback at all?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the MA Rules of Professional Conduct, the lawyer must engage in reasonable communication with their client. Failure to communicate with a client is a violation of those rules. It may be that he has no real thoughts on your husband's lawyer's proposal and that he is planning on just going to court or making your husband's lawyer wait, which is a tactic used by lawyers to make the other side think they are not even going to negotiate with such an insulting offer and will just go to court. However, your attorney should be communicating his strategies with you in a reasonable manner. Unfortunately, attorneys do have multiple clients and sometimes get tied up with other matters that prevent them from responding (not to mention the 1 week he was on vacation as you said) in as fast of a manner as many clients want them to respond, but in a month he should have at least responded to you with something about the matter and likely that is a violation of the rules of conduct.

As far as what he is thinking, unfortunately we cannot get into his mind to understand what is going on with him. It sounds like if the offer was so low, he may just be ignoring it as I said. However, since he did schedule a meeting with you next week, he has at least acknowledged that he needs to speak with you.

If you are not satisfied with his answers next week, you are free to terminate his services and hire a new attorney if he is not working in your best interests and not willing to do so.

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