what happens if you don't respond to lawyer questions

by Miss Eugenia Konopelski II 9 min read

If it's just one question, the defense lawyer will likely 'mark the question and your refusal to answer' for a ruling. If you refuse to answer multiple questions, you can expect the defense attorney to say "Mark that for a ruling," repeatedly.

In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.

Full Answer

What happens if a lawyer stops responding to you?

Does your attorney not respond to you? Review this Top 20 List of What to Do When Your Lawyer Won’t Respond. Put it in Writing. 1. Put you*re question/request in writing. Lawyers are required to reasonably respond. 2. Send your request by email, fax or overnight mail. 3. Do not repeatedly contact the lawyer. Reasonable requests means reasonable in number, frequency and topic. …

Can I refuse to answer a question asked in court?

If you refuse to answer multiple questions, you can expect the defense attorney to say "Mark that for a ruling," repeatedly. Depending on how important the topic is, the defense attorney may make a formal request to the judge to intervene. This is known as …

What happens if you don't pay your lawyer?

Sep 27, 2018 · A close relationship with an attorney can help clients get better case results. Lawyers who fail to communicate may not understand their clients’ wishes and clients may not receive crucial case information. This communication failure can also result in missed deadlines and settlement offers. If your attorney has stopped responding to your message, you may …

What happens if a lawyer fails to communicate with clients?

You do realize that everytime you call to learn that the other side has not responded to a discovery demand yet, or that no court date has been scheduled by the judge's scheduling clerk, you will be charged for it at the lawyer's customary hourly billing rate, don't you? If the lawyer bills at $250/hr, that 10 minute phone onversation you want to have to bitch and whine about not hearing …

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What do people say in court when they don't want to answer a question?

If your answer was not correctly stated, correct or clarify it immediately. Don't say, "that's all of the conversation" or "nothing else happened." Instead say, "that's all I recall" or "that's all I remember happening." It may be that after more thought or another question, you may remember something important.

What happens if you don't respond to a letter from a lawyer?

It is unlikely that the lawyer is going to be rejected by the company's failure to respond to a lawyer letter. Most likely, the company will either get a second letter – or a formal law suit.Dec 5, 2019

Can a lawyer force you to answer yes or no?

If an attorney demands a “yes” or “no” answer and you can not give one, let the judge know that, and explain that to do so would be misleading to the court or inaccurate. If your answer was not correctly stated, correct it immediately.Mar 3, 2014

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your Lawyer
  • I forgot I had an appointment. ...
  • I didn't bring the documents related to my case. ...
  • I have already done some of the work for you. ...
  • My case will be easy money for you. ...
  • I have already spoken with 5 other lawyers. ...
  • Other lawyers don't have my best interests at heart.
•
Mar 17, 2021

What happens if legal notice is not replied?

The consequences of not replying to notice is not an offence under the law, however, one must bring on record the relevant facts/ averments in his defence. In case no response is sent, and a legal action is initiated by the sender, the Court may take adverse inference against the defaulting party.Jun 17, 2021

What happens if a legal notice is not replied?

What happens if the person doesn't respond to a Legal Notice? If the person to whom the notice is sent, doesn't respond to it in a stipulated time, then the aggrieved party files a suit in the appropriate Court of Law.Jun 23, 2020

Can a witness refuse to answer questions?

A witness can, at any time, refuse to answer a question by claiming protection under the Fifth Amendment. The person testifying is the defendant in a criminal case: This is an extension of the protection under the Fifth Amendment. Criminal defendants can never be forced to testify.

How do you answer difficult questions in court?

Luckily for you, there are some simple techniques you can use to buy that extra time you need before responding to a difficult question.
  1. Pause (Part 1). ...
  2. Repeat the question. ...
  3. Pause (Part 2). ...
  4. Ask the questioner to repeat their question. ...
  5. Clarify the question.
Feb 6, 2009

How do you avoid answering questions in a deposition?

What follows are numerous points or rules to keep in mind throughout the deposition.
  1. Tell the truth. ...
  2. Think before you speak. ...
  3. Answer the question. ...
  4. Do not volunteer information. ...
  5. Do not answer a question you do not understand. ...
  6. Talk in full, complete sentences. ...
  7. You only know what you have seen or heard. ...
  8. Do not guess.

Can a lawyer snitch on you?

As a general rule, a client can refuse to disclose and prevent others from disclosing confidential communications between himself and his attorney. The privilege belongs to the client, and the attorney cannot waive it or breach it in most instances.Jul 22, 2016

Do lawyers lie?

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

How long should a lawyer take to respond?

24-48 hours
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.Dec 28, 2019

What happens if an attorney doesn't respond to a client's message?

If your attorney has stopped responding to your message, you may wonder if they have committed legal malpractice.

What to do if you don't hear from your lawyer?

If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney. A knowledgeable legal malpractice attorney can review the circumstances of a case and attempt to communicate with your unresponsive lawyer.

How to contact a malpractice lawyer?

Before contacting a malpractice attorney, you should attempt to contact your attorney multiple times by phone, email and other communication platforms you have used to reach him or her . If your lawyer still does not respond, you can send him or her a letter explaining the communication problems.

What are the rules of professional conduct?

According to The American Bar Association (ABA) model rules of professional conduct related to communication, lawyers must: · Inform clients of decisions and circumstance related to their case. · Consult with clients about how they will accomplish their legal goals. · Respond to client requests for information.

Why do attorneys not return calls?

Reasons why attorneys do not return phone calls:. 1 The client is not paying their bill and the Attorney needs to spend their time on paying clients. My office makes it clear that the attorney works first on paying clients cases. Non-paying clients are not neglected but a motion to withdraw is timely filed by the attorney. 2 The Attorney does not have more information to give to the client. That is, the client is asking a question which the Attorney does not have the answer to. I, or my office will call the client back to give a time frame for when the client can expect a call from the Attorney. 3 The

What to say when you reach an attorney about a call?

If you reach the attorney, explain that you’re having problems getting calls returned (sometimes this is a support staff issue, and the attorney doesn’t know about it).

Can a lawyer ignore a call?

It is never OK for a lawyer (nor any professional, in my opinion) to ignore calls or mail. 60 days is obviously over the line. Yes, you can contact the boss (everybody's got one somewhere and it was kindly suggested in another answer) and I absolutely would.

Do both attorneys agree that discovery is done before trial?

There are times when cases are in suit, but in places where both attorneys have to agree that all the discovery is done before it goes to trial. (In Pen

Is it tough to advise without knowing the situation?

Without knowing the situation, type of case, etc. it’s tough to advise. However, answering this from an attorney’s perspective:

Do lawyers respond to clients?

I wish this question were specific. Lawyers don't respond to a lot of people - clients, prospective clients, clients' nosey family members, witnesses, other lawyers, court staff, salespeople.

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What do lawyers respond to?

Lawyers are trained in logic. They respond to objective, well-reasoned, unemotional statements. If you begin with, “It sounds like you’ve been busy,” or “Is there anything I can do to expedite collection of the fee?” you’ll be encouraging a dialogue, not two monologues.

Why are my attorney's messages so annoying?

“Urgent” messages are likely to result in an annoyed response, since they’re often returned when the attorney is preoccupied with another matter . Remember, you’re just trying to get your attorney’s attention, not to alienate her.

How to tell if an office is busy?

Some pretty reliable indications of a busy office are things like assistants frantically running around, others working at computers, phones constantly ringing, filing cabinets with trays full of case files nearby waiting to be filed, and at least a few clients waiting out in the reception room.

Can an army of marching attorneys help some clients?

We know that every case is not a winner. An army of marching attorneys can’t help some clients. The key is to be able to focus on the relevant law and facts immediately, so you don’t waste the client’s money and your time. If the attorney isn’t prosecuting your case, this probably wasn’t done. You can help.

Can you dismiss an attorney?

While you can dismiss an attorney whenever you choose, this is obviously the last resort. Time and money can be lost in the transfer, and many lawyers refuse to accept cases that have been handled by others.

Is a lawyer competent?

Even the best lawyers are usually truly competent and proficient in only a few areas of the law.

Do attorneys mind after hours calls?

Just like they don’t mind after-hours calls. Sometimes it’s necessary for you to volunteer. You’ll be surprised how receptive your attorney is to your assistance. Believe it or not, the amount of attorney’s fees is usually not a major complaint.

What to do when asked a question in court?

If you are asked a question in an open court, it is your wish to answer it, refuse to answer it or keep quiet instead of answering it.

What happens if you refuse to testify?

This could result in a fine, or it could result in jail time — and you can be held in jail for as long as you refuse to testify — the law holds that you “hold the keys to your own cell” since all you need to do is comply with the order to be released.

How to tell the truth in court?

In Court you are sworn (or affirmed) to tell the truth - but if you do not want to answer, then you have two choices: 1 You are not obliged to answer any questions that will incriminate you - but of course saying “I refuse to answer that question on the grounds that it will incriminate me…” (or if you are in the US you can just say “I am exercising my 5th Amendment rights…” ) but that kind of makes everyone aware that you have something to hide… So… 2 The safest way is to simple say “I am sorry - I do not recall…” No-one can do anything about a bad memory!

What is the correct answer to a question that a witness does not remember?

Sometimes, the truth is that you do not remember. In some of those circumstances, the lawyer asking the questions might be able to help you remember, but until that happens, if you don't remember, the proper answer is, "I don't remember." Of course, if the witness does remember, stating "I don't remember" is perjury.

What is privileged communications between a client and their lawyer?

Solicitor-client privilege: communications between a client and their lawyer, in the context of obtaining legal advice, are privileged, unless the client has waived that privilege.

Do you have to answer all questions in Canada?

In Canada, if you are a witness testifying in a court proceeding, you are obligated to truthfully answer all questions put to you, subject to a few narrow exceptions. If there is a dispute about the propriety of any question, the judge will rule on whether or not the witness has to answer.

Is it good to keep quiet or refuse to answer?

However, it is good to keep quiet or refuse to answer instead of providing false answer in the Court of Law.

Why does the court presume that she has not responded to a subpoena?

The court is allowed to presume that she has not responded because the medical records will show that she is in fact not disabled, and that therefore she has no support for her claim to maintenance.

Can a court order that your attorney's fees be paid?

So the court can order that your attorney’s fees be paid. Usually this is enough of a threat of a sanction to have the other side comply. 2. Exclusion of evidence. One of the most extreme sanctions is simply not allowing the other side to present any evidence that would have been produced under the discovery requests.

Do you have to pay an attorney to file a motion to compel?

1. Attorney’s fees for bringing Motions To Compel. Since the filing of a Motion To Compel is not normally done, you should not have to pay an attorney to prepare and file one. Especially since your lawyer is doing it because the other party was violating the rules.

How long does it take to respond to a summons?

So you’ve been served a lawsuit. What do you do next? When you are the target of a summons and complaint, typically, the defendant is allotted 20 days to reply.

What does it mean to admit guilt in a default judgment?

Admitting Guilt. In a default judgment, the court is likely to assume that the defendant wishes to avoid the proceedings. Essentially, if you choose to ignore a lawsuit, the courts see this as you admitting that the accusations made by the plaintiff are true or justified.

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