One Day at a Time
By Dan Murdock, OBA General Counsel

Earlier this week I received a call from an attorney’s client who explained he was about to be evicted from his residence and that if that happened, he could lose custody of his children. The representation involved a workers’ compensation claim. I listened as the client explained that he was completely satisfied with his attorney but was frustrated by the system and the amount of time that it took for things to be done, plus the financial issues it caused.

Another matter involved a man who was advised by his employer that he needed to get an expungement of a criminal record or possibly lose his employment. He hired an attorney, but action languished until a grievance was filed, and the matter was then completed eight months after the attorney was hired.

These situations are not unique. Most of the time, we, as attorneys, do not know what it is like to be a client. So many clients live one day at time. They probably have only one legal matter pending and are relying on us to take care of them. They call daily, either because we do not call them or because they are living day to day. What we do and most importantly — when we do it — affects their lives so dramatically.

Rules 1.3 and 1.4 of the Oklahoma Rules of Professional Conduct tell us our professional obligation. Those rules are very short and very concise. Rule 1.3 says that we shall act with reasonable diligence and promptness. Rule 1.4 requires that the client be kept reasonably informed about the status of a matter, that we promptly comply with reasonable requests for information, and that we explain things sufficiently so the client can make an informed decision regarding the legal matter.

How often do we forget that obligation? Sometimes, we overlook doing something. Sometimes, we take on too much. Sometimes there just is not enough time. We always have other cases and other clients who require our attention. Hopefully, we are not about to be evicted or fired. Hopefully, we are not living a day at a time. We must not forget, however, the status of our clients and make sure that we do what we must do to help them and understand why they might call so often and be so upset when they do.

The title of this article is not original and probably, in this instance, misleading. The reference is not about attending meetings or maintaining sobriety but recognizing and understanding how our clients may live day to day. It is about being mindful of their situation in life and providing timely assistance rather than adding to their burden. It is about being who we are and doing what we do.