Communication Breakdown in Houston
In the last few weeks we have been contacted by clients who are unable to get in contact with the their lawyer. I can understand an criminal attorney not being able to return a client's phone call immediately because they are in trial or stuck working on something extremely important. Regardless, with the ease that we are able to communicate today it is not difficult to make contact with a client via instant messages, text, email or a phone call. This puts the client at ease and lets them know that their attorney is not ignoring them. At the outset, the lawyer and the client should have a preferred method of contact and identify the best time for the client to make contact with them. For most criminal lawyers, it is best to telephone them in the afternoon if you want their undivided attention.
Not coincidentally, and related to the lack of communication between attorneys and their clients when I start discussing what the client knows about their case I quickly realize that the lawyer has neglected to inform their client about the alleged facts. If a defendant has not been before a probable cause judge they are usually unclear regarding the facts of their case. Thus, at the very least, the hired attorney should go over the offense report with their client. A criminal defense attorney in Harris County, Texas may obtain a copy of the offense report, but must sign a confidentiality agreement that prevents them from sharing the report in full detail with their client. However, this does not preclude them from discussing the facts contained in the report with their client. This allows the client to understand why they were charged with a crime and discuss with their lawyer what really happened.
I remember in law school a professor spending an entire class emphasizing a client's chief complaint about their attorney is that they do not communicate with them. Additionally, failure to return a client's phone call is the most likely way a lawyer will get a grievance filed against them.
