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.
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. …
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 …
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 …
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 …
If your attorney has stopped responding to your message, you may wonder if they have committed legal malpractice.
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.
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.
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.
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
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).
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.
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
Without knowing the situation, type of case, etc. it’s tough to advise. However, answering this from an attorney’s perspective:
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.
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.
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.
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.
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:
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.
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.
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.
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.
“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.
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.
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.
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.
Even the best lawyers are usually truly competent and proficient in only a few areas of the law.
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.
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.
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.
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!
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.
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.
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.
However, it is good to keep quiet or refuse to answer instead of providing false answer in the Court of Law.
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.
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.
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.
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.
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.