Q&A – Attorneys’ Duty to Communicate with Clients.

Question to Parrish Law: 

I hired an attorney with respect to my Hurricane Ian property damage claim in Bonita Springs, Florida (which had been denied by my insurer). The law firm I hired advertises heavily in my area and I based my decision to hire this attorney solely on the advertisements I saw. When I called to hire this attorney, I was only able to speak with a legal assistant and not the attorney. It has been roughly 5 months since I hired this attorney and, notwithstanding the fact that I have attempted on numerous occasions to speak with my attorney, my attorney has never spoken with me (not once). Further, the attorney hired a loss consultant to come out and estimate my damages for the claim. I attempted to get a copy of this estimate from the attorney’s office and was ignored. After attempting several times, I was finally able to get a copy of the loss consultant’s estimate from the loss consultant himself (still nothing from my attorney). In reviewing the estimate, I noticed that large amounts of my damages (for my damaged windows and for the wet insulation in my attic) are missing from the scope of the estimate and, thus, the estimate is not accurate. As a kicker, I just found out (after reviewing the court docket for Lee County) that my attorney, with whom I have never spoken, (a) submitted a settlement demand to my insurer based upon this incorrect loss consultant estimate without my knowledge and (b) filed suit against my insurer, based upon this faulty estimate, without ever speaking with me or telling me the suit was being filed. Is this normal? 

Answer from Parrish Law: 

Not only is this alleged behavior by the person’s attorney not normal, it is also unethical. This person hired an attorney, agreeing to pay the attorney to zealously advocate on his behalf (which is the attorney’s legal duty to his client), because his insurance adjuster was likely ignoring the claim and treating him poorly. Instead of a zealous advocate, this person is now receiving the same type of bad faith treatment from his attorney that he was previously receiving from his insurer. 

When a person hires an attorney to represent them in a legal matter, they expect the attorney to act in their best interest, communicate with them frequently, and keep them informed about the status of their case. This is not only an expectation of the client, it is also the attorney’s legal duty to the client. Unfortunately, not all attorneys uphold these basic ethical principles, and as a result, clients can be left feeling abandoned, frustrated, and powerless. In the wake of an event like Hurricane Ian, many law firms advertise relentlessly and then work tirelessly to sign up as many clients as they possibly can. In practice, this sometimes means taking on more clients or cases than the attorney and/or law firm has the capacity to effectively serve. It sounds like this may be what has happened in the question outlined above. 

In the case described above, the person hired an attorney to represent him in his Hurricane Ian insurance claim, but the attorney failed to communicate with him and took actions with respect to the insurance company without his client’s knowledge or consent. This behavior is not only unprofessional but is also a violation of the attorney’s ethical duties to his client.

Attorneys have a duty to communicate with their clients and keep them informed about their case. If an attorney fails to communicate with their client or takes actions without their client’s knowledge or consent, they are likely in breach of their ethical obligations to the client. Moreover, attorneys have a duty to act in the best interest of their client, which includes providing competent representation and not pursuing a settlement or litigation strategy without the client’s input and approval.

The person in the case described above was fortunate to realize that his attorney was not acting in his best interest before it was too late. Many people who hire attorneys to represent them in their Hurricane Ian claims may not be aware of their attorney’s misconduct until after their case has been resolved, potentially resulting in significant harm to their legal rights and financial interests. In the case outlined above, had the insurance company accepted the attorney’s unauthorized settlement demand (sent on behalf of the client) the client may have been legally bound by it (or, at the very least, the client would have been faced with arguable defense to coverage that the insurer would have available against his claim in litigation). 

In conclusion, this person’s experience with his attorney highlights the importance of working with an ethical and communicative attorney. It also highlights the importance of working with competent and thorough experts to ensure the claim being presented to the insurance carrier is correct. Attorneys who fail to communicate with their clients or who take action on behalf of their clients without the clients’ approval should not only be fired by their clients, they should also be reported to the Florida Bar for ethical violations with respect to the Rules of Professional Conduct. Unfortunately, in the wake of a natural disaster such as Hurricane Ian, this sort of thing happens all too often. 

Why is Parrish Law Different?

At Parrish Law, we take our ethical obligations to our clients seriously. We understand that communication is key, and we prioritize keeping our clients informed about their case every step of the way. It’s not uncommon that some estimators may (a) fail to include the full scope of the loss in the estimate and/or (b) include items in the scope of the loss that should not be included. When we hire an expert to prepare a claim estimate, we review the estimate with our clients before sharing it with the insurance company to make sure the scope of the estimate is correct. This is another reason why attorneys should only work with qualified experts and, understanding that experts sometimes make mistakes, communicate with their clients thoroughly about the experts’ work product (in this case, the loss consultant’s estimate) before presenting it to the insurance carrier. 

At Parrish Law, we work closely with our clients to develop a strategy that aligns with their goals and priorities, and we always seek their input and approval before taking any actions on their behalf. Moreover, we recognize that every client is unique, and we strive to provide personalized, individualized representation that takes into account our clients’ specific needs, concerns, and circumstances. We believe that our clients are entitled to quality legal representation, and we are committed to upholding the highest ethical standards in all of our legal work.

At Parrish Law, we prioritize our clients’ interests, communicate frequently and honestly, and work tirelessly to achieve the best possible outcome for each of our clients. If you are in need of legal representation, or dealing with an unethical attorney who won’t return your phone calls or emails, we encourage you to contact us to learn more about how we can help you and experience the Parrish Law difference yourself first hand.