One of the most frequent complaints that the Illinois Attorney Registration and Disciplinary Commission (ARDC) receives from clients is some variation on the theme, “My attorney isn’t communicating with me.”  While an attorney has an ethical obligation under Illinois Rule of Professional Conduct 1.4 to “keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information” and to “explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation,” the client has an important role in this process as well.

It’s often said that it takes two to tango, and attorney client relationships are no different.  Most conflicts and misunderstandings can be avoided by following a few simple steps to build and maintain communications:

• At the outset of your case, tell your attorney what you see as the issue(s), and what your goal is in hiring an attorney to represent you.  This discussion should include a full disclosure of the facts relating to your case.  Disclosure is essential to enable your attorney to properly represent you, and this information is protected by attorney-client privilege.  Your attorney should be able to tell you if (s)he or she agrees with your perspective, and what (s)he would do to attempt to resolve the problem.  Remember, however, that no guarantees can be made regarding outcomes.  All of his or her expressions relative to your case are only opinions.
• Inform your attorney immediately of any change of address, phone number, employment, and/or circumstance. If your attorney is not able to reach you, it is impossible to communicate developments in your case to you.  Further, if your circumstances change, it may affect the way that the attorney approaches your case.  It is vital that you keep your attorney updated on these matters to ensure that you are informed and that your attorney is employing the proper strategy in your case. 
• Promptly fill out and return all papers that your attorney gives you.  While it may seem that you are being overwhelmed with large amounts of paperwork, particularly in the beginning of the case, each form your attorney gives you to fill out and/or sign has a purpose.  These forms contain valuable information about your case and may have to be filed with the court.  By taking the time to fill these forms out, you are helping to ensure that your case is handled in the timeliest matter possible.  One caveat: if you receive a form from anyone else pertaining to your case (i.e., an insurance company), always check with your attorney before proceeding ahead.  And if you don't understand paperwork sent by your attorney, ask questions.
• Be available to take your attorney’s calls.  Your attorney should abide by your decision concerning the objectives of representation, including whether or not to accept an offer of settlement, and will endeavor to explain matters to allow you to make informed decisions.  But if (s)he can’t reach you, the case will only be stalled (or worse, could be dismissed). 

By following these steps, you can help make your relationship with your attorney, and in turn, your case run as smoothly as possible.  For lawyers who believe in communicative, informed representation, contact Joseph P. McCaffery & Associates.