Establishing Communication Expectations
A real estate transaction involves numerous steps, deadlines, and potential complications. Effective communication with your attorney is not just a convenience; it is essential for protecting your interests and ensuring a smooth process. Unlike more casual business relationships, the attorney-client relationship in real estate is governed by professional rules of conduct, which include duties of communication and diligence. Setting clear expectations from the outset can prevent misunderstandings and reduce stress for all parties involved.
What Drives Communication Frequency?
The pace and frequency of communication with your real estate attorney are not arbitrary. They are typically driven by the transaction's specific milestones and the inherent demands of the legal process. You should generally expect more frequent contact during active phases.
Key phases that typically require attorney contact include:
- Contract Review and Negotiation: This initial stage often involves the most back-and-forth. Your attorney will communicate their analysis of the purchase agreement, explain contingencies, and relay negotiation points.
- Due Diligence Period: During this critical window, your attorney may need to update you on title search results, survey issues, zoning compliance, or responses to inspection objections.
- Financing and Closing Coordination: As the closing date approaches, your attorney will communicate with the lender's counsel, prepare closing documents, and provide a final settlement statement for your review.
- Post-Closing Matters: Communication may continue briefly after closing to address recording of documents, final disbursements, or follow-up on any title insurance matters.
Outside of these active phases, there may be periods of little communication while your attorney is conducting research, reviewing documents from other parties, or waiting for third-party responses.
Professional Standards and Best Practices
The American Bar Association's Model Rules of Professional Conduct, which form the basis for state ethics rules, require attorneys to reasonably inform clients about the status of their matter and promptly comply with requests for information. However, "reasonable" and "prompt" can be subjective. A 2022 survey by the American Bar Association on legal technology indicated that client communication remains a top area for both client satisfaction and malpractice claims, highlighting its importance.
To align expectations, consider these best practices at the start of your engagement:
- Discuss Preferred Methods: Clarify whether your attorney prefers email, phone calls, or a client portal for different types of updates. Email is often standard for non-urgent, document-heavy communication.
- Establish Response Time Guidelines: It is reasonable to ask your attorney or their legal team about their typical response time for non-urgent inquiries (e.g., 24-48 business hours). Understand that immediate responses are not always possible.
- Designate a Point of Contact: In many firms, a paralegal or legal assistant may handle routine updates and scheduling. Know who your primary contacts are.
- Define "Urgent": Make sure you and your attorney agree on what constitutes an urgent issue that requires immediate contact, such as a missed contingency deadline or a newly discovered lien.
Managing Your Role in the Communication Process
A successful attorney-client relationship is a two-way street. Your actions can significantly impact the efficiency and clarity of communication.
To facilitate better communication:
- Be Prepared: Gather all relevant documents and have specific questions ready when you contact your attorney's office.
- Consolidate Inquiries: Instead of sending multiple emails throughout the day, try to batch your questions into a single communication.
- Trust the Process: Recognize that your attorney may be working on your file even when they are not actively communicating with you. Legal review and document drafting are time-intensive tasks.
- Provide Clear Instructions: When you need a decision, give clear, written authorization to proceed. Ambiguity can lead to delays.
If you experience a persistent and unreasonable lack of communication-such as unreturned calls or emails over several days during a critical phase-it is appropriate to express your concern. A qualified real estate attorney understands that their client's informed consent is required for major decisions and will prioritize keeping you appropriately updated. For specific guidance related to your transaction and local rules, always consult your retained attorney directly.