While your lawyer does have an ethical duty to keep you informed, failure to quickly return phone calls is usually not a fiduciary breach unless it impacts your case in some substantial way. As long as the lawyer is handling your case competently otherwise, taking time to return phone calls is likely not malpractice. However, if you begin to suspect that your lawyer has abandoned working on your case completely, that may amount to a breach of the lawyer’s duty to provide zealous and competent representation.