During divorce, it’s pretty easy to let your thoughts swirl and become stressed. Those questions that go through your mind at 2 a.m. as you lie in bed, unable to sleep. What is going to happen to my children? Will I have a place to live tomorrow…next week…next month? Will I have any friends after this divorce? What happens to my money? Will I be alone forever? Then there is: Why is my lawyer not responding? I called him/her yesterday and never got a call back.
Our team of attorneys and legal professionals do our best to guide each of our clients through their unique situations. However, because attorneys are often in Court, mediation, or meetings or are handling other obligations related to various legal matters, individual clients often feel like their concerns may not be adequately or timely addressed. Even with technological advances – zoom, texts and emails – we get it…it is still frustrating when you want to talk to your lawyer and they are not available. This frustration is understandable and often justified. And yes, as attorneys, we often wish we could be in multiple places at once.
To help improve efficiency, and to help people feel like their lawyer not responding isn’t personal, many law firms will structure the intake of client requests and case needs based on urgency. Generally, the three levels of urgency include: (1) Routine Requests, (2) Time-sensitive Requests, and (3) Emergency Requests.
Routine Requests:
Routine requests include regular correspondence between the legal team and the client as a case moves through the different stages of representation and resolution. This includes the initial consultation and sharing details about a roadmap for representation moving forward, ongoing representation and collection of information or documentation, as well as establishing a final resolution through legally enforceable contracts or court orders. During these various stages, it is understandable and justifiable for a client to be informed of court hearings, case status, and regular communications from both the legal support staff and the attorney.
Since a lot of details and requests can be handled by legal support staff, it is often not necessary for a client to talk directly with an attorney about certain details, such as the date of a deadline or a court hearing. However, if a client prefers to discuss the same with an attorney, such a meeting will be scheduled ahead of time with consideration of the attorney’s availability. Scheduling meetings ahead of time not only avoids the frustrating game of phone tag, but it also permits the attorney the ability to find a clear time period in which they can focus on the client’s case without any other distractions.
Time-Sensitive Requests:
If there arises a concern with the potential to cause long-lasting negative affects on a client’s case, their children, or any of the financial aspects of a case, then said detailed concerns should be communicated to the legal team immediately. Immediate forms of communication include email or phone calls. Even if the attorney does not respond immediately, a law firm will generally have an internal communication system and procedure to address all time-sensitive requests. Especially if the lead attorney on a client’s case is already occupied by another obligation (such as conducting a trial in Court), the law firm may have another attorney step in to assist.
Examples of Time-Sensitive Requests include:
- The joint bank account has just been liquidated by the opposing side.
- The other parent is refusing to exchange the minor child on a scheduled custodial day per the parenting agreement or child custody court order.
- A child support payment or alimony payment was not paid on time per the financial support agreement or court order.
Emergency Requests:
An Emergency is an immediate and irreparable threat to the life, liberty, or property of a client or their children. An emergency mandates an immediate response. Generally, this will mandate the first call to emergency first responders. If so, please call 911.
After the immediate threat or harm has been addressed by emergency first responders, if applicable, then call the law firm. The specific details of the emergency and steps the first responders have taken is key information for the legal team to know. In such cases, a law firm will either interrupt the lead attorney or bring in another attorney that has previously been briefed on the case to address the legal needs of the emergency. Generally, a law firm may request that you not only call the firm (if able to do so during business hours), but the law firm may also request that you send emails especially outside of business hours. Simply put: if you have your attorney’s direct email address, do not hesitate to use it at any time.
Examples of Emergency Requests include:
- A domestic violence incident involving verbal and/or physical threats to a person’s bodily integrity or life. This may also involve threats or actual destruction of property, such as the marital residence.
- A child has been taken from the custodial parent and there is the threat of imminent harm or death to the child.
- Threats of suicide by any party or child.
Understanding the different forms of requests of your attorney’s time is key to maintaining not only a productive relationship with your attorney, but also a healthy one. At the end of the day, you and your family have legal rights and protections that your attorney is here to help with. By working with your attorney and their legal team, you will find the support, understanding, and empathy needed to get you through this chapter of your life.
If you or someone you know wants to learn more about Family Law Legal Services, our Modern Legal team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
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