Duty of Care: When Your Solicitor Won't Contact You

When Your Solicitor Stops Returning Calls

Engaging a solicitor is often essential during a separation, particularly when you are trying to maintain contact with your children. Your family lawyer becomes a central figure in your life, and you expect them to be responsive, competent and focused on your interests.

Unfortunately, that does not always happen. Some solicitors are slow to respond, hard to reach or leave you feeling ignored at a time when you need clear answers. If you are struggling to get your solicitor's attention, there are steps you can take.

What You Can Expect From Your Solicitor

Solicitors in England and Wales are regulated by the Solicitors Regulation Authority. They are bound by professional rules that require them to act in your best interests, though they also have obligations to the court and the rule of law that may sometimes take precedence.

This means your solicitor should return calls and emails within a reasonable time, though what counts as reasonable will vary depending on the complexity of your case and their current workload. They should explain what is happening with your case, tell you about any developments and give you enough information to make decisions. Ideally, you should be kept informed regularly about the progress of your case rather than left wondering for weeks.

Solicitors are often busy, and court delays or large caseloads can affect how quickly they respond. A short delay does not necessarily mean anything is wrong. However, if you have sent multiple messages over several days or weeks without any reply, that is a different matter.

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There Are Limits to What a Solicitor Will Do

Your solicitor will not always do exactly what you ask. Their duty is to act in your best interests, and sometimes what you want in the heat of the moment may not actually help your case.

For example, you might want your solicitor to write an aggressive letter to your ex or to pursue a particular argument that feels satisfying but could backfire in court. A good solicitor may push back on these requests. This is not them ignoring you. It is them doing their job properly.

There are also legal obligations that override client instructions. Solicitors must report certain things, such as suspected money laundering, even if it goes against their client's wishes. They can face serious consequences, including prison, if they fail to do so.

So before assuming your solicitor is being difficult, consider whether they might have good reasons for the approach they are taking. If you are unsure, ask them to explain their thinking.

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What to Do If Communication Breaks Down

Should your attempts to contact your solicitor prove fruitless, it is advisable to document your concerns in writing. Send an email or letter setting out what you have tried to contact them about, when you last heard from them and what response you need.

Keep your tone professional and stick to the facts. This creates a record that may be useful later if you need to take things further.

Most solicitors' firms have a complaints procedure. You can usually find this on their website or by asking the firm directly. If your initial complaint does not resolve things, you can ask for it to be escalated within the firm.

If the firm's internal process does not work, you can complain to the Legal Ombudsman. This is an independent body that deals with complaints about legal services in England and Wales. They can look at issues such as poor communication, delays and failures to follow instructions. You will usually need to complain to the firm first and allow eight weeks for a response before the Ombudsman will get involved.

For complaints about professional misconduct, such as dishonesty or serious breaches of the rules, you can report the matter to the Solicitors Regulation Authority.

Changing Solicitor

Sometimes the relationship with a solicitor simply does not work. If you have lost confidence in them, you are entitled to instruct someone else. You do not need to give a reason.

Changing solicitor during a case can cause delays and will usually involve extra costs, such as paying a new retainer or additional fees while your new solicitor reviews the file. Discuss these costs upfront with any new solicitor before making a decision. Your new solicitor will need time to get up to speed on your case.

If there is a dispute over outstanding fees with your previous firm, they are still required under SRA standards to hand over papers necessary for your ongoing case.

Despite the disruption, it may be the right choice if communication has completely broken down. Having a solicitor you can actually speak to is better than having one who leaves you in the dark.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Father's Rights Checker lets you check what legal rights you have as a separated father. Takes 2 minutes. Try it now →