How Often Should Your Criminal Defense Attorney Communicate With You?

You haven't heard from your attorney in three weeks. Or maybe six weeks. Or maybe two months.

You've called. You've emailed. You've left voicemails. And every time you finally get someone on the phone, you hear: "Nothing new to report."

So you're left wondering: Is this normal? How often should my attorney be communicating with me?

The answer might surprise you — because what's legally required, what's professionally expected, and what actually happens are three very different things.

What the Bar Actually Requires

Every state bar has ethical rules about attorney communication. The American Bar Association's Model Rule 1.4 says attorneys must:

1. Promptly inform the client of any decision or circumstance requiring the client's informed consent
2. Reasonably consult with the client about how to accomplish the client's objectives
3. Keep the client reasonably informed about the status of the matter
4. Promptly comply with reasonable requests for information
5. Explain a matter to the extent necessary for the client to make informed decisions

Notice the word "reasonably" appears a lot. That's intentional — and it's where the problems start. Because what's "reasonable" to an attorney handling 80 cases and what's "reasonable" to a defendant whose freedom is at stake are two very different things.

What Good Attorneys Actually Do

Based on what we've seen from attorneys who get good outcomes for their clients:

Minimum Communication Standards

| Event | When You Should Hear From Your Attorney | |-------|----------------------------------------| | After initial meeting | Within 1 week — case strategy overview | | Discovery received | Within 2 weeks — summary of what they found | | Before any court date | At least 48 hours before — what to expect | | After any court date | Same day or next day — what happened and next steps | | Motion filed or ruled on | Within 24 hours — what it means | | Plea offer received | Immediately — this requires YOUR decision | | Significant development | As soon as it happens | | Routine update (no activity) | At least once per month |

Response Time Standards

| Communication Method | Reasonable Response Time | |---------------------|--------------------------| | Phone call | Return call within 24-48 business hours | | Email | Response within 48-72 business hours | | Urgent matter | Same day | | Pre-court date questions | Within 24 hours |

If your attorney consistently falls outside these timelines, that's below standard.

What Most Defendants Actually Experience

Here's the uncomfortable reality we hear over and over:

"I paid $15,000 and I haven't spoken to my attorney in 2 months."

"The only time I hear from them is when I call, and even then it takes a week to get a callback."

"I found out about my court date from the court's automated system, not my lawyer."

"My attorney's paralegal told me to 'be patient.' I've been patient for 8 months."

These aren't outliers. This is the norm for an alarming number of defendants.

Why Communication Breaks Down

Too many cases

A solo practitioner or small firm attorney carrying 60-100+ active cases simply cannot communicate effectively with every client. The math doesn't work. Something has to give — and it's usually communication.

They're doing work but not telling you

Some attorneys are actually working hard on your case but terrible at updating you. They file motions, review discovery, negotiate with prosecutors — all without telling you. The work is happening; you just can't see it.

This is still a failure. But it's a different kind of failure than an attorney who isn't working at all.

Nothing is happening (and they don't want to tell you)

Sometimes the honest update is: "Nothing has changed since last time." Some attorneys avoid calling because they don't want to have that conversation. They worry you'll be upset that there's no progress — so they just... don't call.

This is cowardly. Even "no update" is an update. And you have a right to know.

They've mentally moved on

In some cases, attorneys take the retainer and mentally categorize your case as a plea. They stop investing effort because they've already decided the outcome. The lack of communication isn't an oversight — it's a reflection of how little attention your case is getting.

What You Can Do About It

1. Set expectations early

When you first hire your attorney (or at your next meeting), have this conversation:

"I'd like to establish a communication schedule. Can we agree on:

• Monthly status updates, even if nothing has changed
• 48-hour callback window for non-urgent matters
• Same-day notification for any plea offers or major developments
• A brief update before and after every court date"

Put it in an email after the conversation so there's a record.

2. Send structured update requests

Instead of calling and asking "what's happening with my case?" (which is easy to dodge), send a specific email:

Subject: Case Status Request — [Your Name], Case No. [X]

"Dear [Attorney],

I'm writing to request a status update on my case. Specifically:

1. What is the current status of discovery?
2. Have any motions been filed or are any planned?
3. Has there been any communication with the prosecution?
4. What are the upcoming deadlines or court dates?
5. Is there anything I should be doing?

Please respond by [date, 5 business days out]. Thank you."

This does two things: it asks specific questions that require specific answers, and it creates a paper trail showing you made reasonable efforts to communicate.

3. Document the pattern

Keep a log:

• Date and time of every call you make
• Date and time of every callback received
• Content of every conversation
• Emails sent and response times
• Promises made vs. followed through

This documentation is invaluable if you ever need to file a bar complaint, switch attorneys, or make an ineffective assistance of counsel claim.

4. Escalate appropriately

If informal requests aren't working:

Level 1: Specific written request (the email above) Level 2: Certified letter requesting communication within 10 days Level 3: Request a formal case review meeting Level 4: Contact the state bar's client assistance program Level 5: Consult with a new attorney about switching

You don't have to jump to the nuclear option. But you do need to escalate if basic communication isn't happening.

The Bottom Line

You're not being "difficult" by expecting communication. You're being a responsible participant in your own defense.

An attorney who can't return a call in 48 hours, who can't provide monthly updates, who can't explain what's happening in your case — that attorney is failing a basic professional obligation.

You deserve better. And the first step is knowing what "better" looks like.

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This is legal information, not legal advice. We are not attorneys and do not provide legal representation. If your attorney is not communicating, document your attempts and consider contacting your state bar.