did my lawyer file my case or not how to get it

If you think that your attorney has not been working diligently on your case, you can always request your case file from your attorney. You can either go to the attorney's office and read the file there or request that the attorney make copies of everything and send them to you.

Full Answer

What happens if a lawyer fails to file a case?

Sometimes courts will relieve clients of any harsh consequences arising from the lawyer’s failure to file on time. However, sometimes the law requires that the prescribed sanctions for the lawyer’s failure to file be imposed on the client.

How do I get my attorney to give me my file?

Send a demand letter to the attorney requiring that he provide you your entire file. Client files are the property of the clients and attorneys may not withhold them including for non-payment of attorney fees.

Why won't my attorney give me a copy of my file?

Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office. * This will flag comments for moderators to take action.

What to do if my attorney refuses to return my file?

The file legally belongs to you, not your attorney. If he/she refuses to return the file to you, then contact the State Bar to file a complaint. * This will flag comments for moderators to take action. The attorney has no authority to refuse. She/He must return your entire file within a reasonable time even if you owe money.

Is it normal not to hear from your attorney?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

How do I know if my lawyer is cheating on a settlement?

Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.

What can you do if your lawyer is not responsive?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Can lawyers cheat on you?

Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

How long should I wait to hear from my attorney?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Why do attorneys take so long to respond?

Sometimes, lawyers take a bit longer than usual to respond because they are away from their office or traveling for business. If you have not heard back from your lawyer within 48 hours of sending them an important email, you should send another email just asking if there is any news or status about your case.

Do you have to redact a witness's name?

Yes, you have the right to a copy. The PD would have to redact it first (delete any witness names/addresses) and give it to you. Good idea to look for a private attorney, as PD's are so overburdened with an unmanageable caseload that they cannot give your case the individual attention it deserves.

Can a criminal case be seen by an attorney?

There are issues with seeing your criminal case file. Attorneys are not allowed to reveal identification of certain individuals. However, if you don't trust your attorney, or if you just want someone to work with of your choosing, hire private counsel and the Public Defenders file will be turned over to the new attorney. If you just want to review the charges, you can always have the County Criminal clerks office make you a copy of the Courts file.

Can an attorney redact a report?

They may have to redact portions of the reports since an attorney cannot release information about victims and witnesses. Request it from your public defender. From there, you can review it yourself or seek a new attorney... and having the reports will help in consulting with a new lawyer. Report Abuse. Report Abuse.

Do you need a copy of a case file to be made in writing?

Most public defenders require a request for a copy of a case file to be made in writing. Before you get the file the public defender will remove any of the notes that anyone in the office made and will black out information on any witnesses. For the reason you want the file the copy you receive will not answer your questions. You should contact the public defenders office and request to speak to the attorney handling your case.

Mark Markus

If your lawyer is not returning your calls or responsive to you, you picked the wrong attorney. You should continue to try to get hold of him, but I would send him a letter giving him a specific date by which to respond and tell you exactly what he intends to do to remedy the situation.

Scott L Greeves

A prominent BK attorney recently died named Joseph McDaniel. If he was your lawyer, you should contact the State Bar at 602.252.4804 Otherwise, hire a new lawyer.

Thomas John Cesta

Improperly filed schedules or statements can cause a dismissal; but if the documents are filed properly and a motion to reinstate is filed soon, then this should be easy to fix. You do not have a lot of time to get this fixed, so if the problem happened within...

Dorothy G Bunce

Talk to your lawyer to see what s/he is willing to do to resolve the problem. I find it hard to believe that the case was dismissed simply because the formatting on the creditor matrix didn't conform to the local rules. Hope this perspcctive helps!

What happens if my lawyer fails to file a motion for summary judgment?

If your lawyer fails to file such a motion, there is no penalty other than the cost and delay of a potentially unnecessary trial. However, if an opposing party files a summary judgment motion against you, your lawyer must file a written response within the time set by court rules or by the trial judge.

How to recover for malpractice?

To recover for malpractice, in addition to showing that your lawyer breached a duty owed to you by failing to file, you will also need to convince the court hearing your malpractice case that it was the lawyer’s failure to file—not any failure on your part or weakness in your case—that caused the har m you sustained .

What happens if someone owes you money?

If someone who owes you money files a bankruptcy petition, you will receive a notice requiring you to file a proof of your claim in the bankruptcy court. Even if you have no security interest—a lien or mortgage—in property owned by the debtor, there may be some assets that can be sold to pay part of the debt owed to you. If your lawyer fails to file this claim within the time provided in the notice, you will probably forfeit any amount that you otherwise might have recovered from the bankruptcy estate.

What is legal malpractice?

Legal Malpractice. Much of the work lawyers do involves filing various documents. Often, there are deadlines by which documents must be filed. Even when there are no fixed deadlines, a lawyer’s delay in filing certain documents can permanently impair a client’s rights. You might wonder why a simple failure to file a document “on time” could destroy ...

How long does a tort claim have to be filed in Ohio?

However, some tort claims—notably legal and medical malpractice—have shorter, one-year time limits for filing.

Why is filing a lease necessary?

Filing in a timely manner may be necessary to protect a person’s interest in a residential or commercial lease. Filing may also be necessary to protect a person’s or entity’s interest in an oil and gas lease, or in the oil and gas beneath a property.

How long do you have to appeal a judgment?

However, your lawyer must file a notice of appeal within 30 days after the judgment is final. Failure to appeal within 30 days terminates your right to appeal, regardless of how strong your case may be.

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

What happens if an attorney doesn't surrender a file?

If the attorney doesn't surrender the file, then, I'd think that your next step would be a complaint to the Bar Association. Report Abuse. Report Abuse.

What to do if your attorney is in violation of ethics?

Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office. Report Abuse. Report Abuse.

Can an attorney hold a file hostage?

She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

Does losing a case mean you committed malpractice?

It's important to understand that just because you lost your case, it does not mean your attorney committed malpractice. In every case, one side will win and one will lose, despite the skill and experience of the lawyers on each side.

Can you sue a lawyer for malpractice?

It is very frustrating to feel that an attorney you trusted has let you down. Suing for malpractice is one way for you to be compensated for wrongdoing by your lawyer.

What is the legal process to file a personal injury lawsuit?

To file a personal injury lawsuit, you must either be an accident victim, or be authorized to represent the victim. This usually means being the victim’s spouse, child, or parent, or being the executor of the victim’s estate.

What happens after you file a complaint?

Once you’ve filed your complaint, the defendant must file a response. The response from the defendant will either take the nature of preliminary objections in which defendant asked the court to dismiss the complaint raising a legal defense, or the filing of an answer in which the defendant response to the allegations of the complaint and asserts any defenses they may have to the lawsuit. In most instances, the defendant simply filed answer and generally denies liability and damages and demands that plaintiff prove the case at trial.

How long does it take to file a lawsuit in Pennsylvania?

The Pennsylvania personal injury statute of limitations is generally two years from the date of injury, with some exceptions.

What to do when you have a serious injury?

When you are suffering from a serious injury, the last thing you want to do is deal with a legal statute or insurance document while you’re focusing on your health. Let an attorney handle the work for you so you can focus on getting the care you need.

Why is it important to respond to a request for discovery?

You cannot hide information by failing to respond, because the other party can file a Motion to Compel: a request for the judge to force (“compel”) you to provide the requested information.

Can I file for workers comp if I was injured on the job?

If you were injured on the job, you may be eligible for workers’ compensation, which is different from filing a personal injury claim. A lawyer can help you understand your options, including what to do if your workers’ comp claim is denied.

Do most personal injury cases go to trial?

Contrary to what you might see in legal dramas, most lawsuits never go to trial. In fact, more than 90 percent of personal injury cases are resolved by negotiating out-of-court voluntary settlements, which typically compensate pain and suffering, medical bills, lost wages, and other damages.

What You Should Do To Get A Lawyer To Take Your Case

You cannot change the underlying details of your case, but you can follow a few general rules that could strengthen the likelihood of the lawyer you want agreeing to take on your case. Below we have briefly listed a few of the things that you should do when presenting a lawyer with your case.

Get in Touch With a Ohio Lawyer Today To Discern If They Will Take Your Case

A respected and qualified lawyer at The Henry law Firm can help evaluate your case and determine its chances of success. We strive to always provide our legal clients with superb service to ensure their cases receive prompt and diligent attention from the beginning.