A family law attorney has a very busy practice. She spends considerable time preparing for and in several court appearances each week, and she spends much of the rest of her time meeting with new clients and supervising paralegals and associates on various aspects of each case. Many of her clients complain, however, that she does not return telephone calls and the paralegals and associates often take calls from clients who are dissatisfied with the attorney's failure to return telephone calls. Finally, one of her clients files a bar complaint. Is the attorney subject to discipline for failure to return telephone calls?

Question

Quizplus · Accepted Answer

Yes, because she is not keeping her clients reasonably informed. "A lawyer shall . . . keep the client reasonably informed about the status of the matter." Model Rule 1.4(a)(3) and comment 4 ("Client telephone calls should be promptly returned or acknowledged."). Answer A is the best choice because failure to return telephone calls is an indication that the attorney is not keeping clients reasonably informed. Answer B is not the best choice because satisfying the Model Rule on diligence (Model Rule 1.3) does not allow violation of another ethical rule. Answer C is not the best choice because the attorney-client relationship is with the attorney, and because the paralegals and associates may not be able to answer all questions. Answer D is not the best choice because attorneys do have an obligation to keep clients informed.

A Family Law Attorney Has a Very Busy Practice