So, why does a lawsuit take so long? There are, no doubt, the cynics who believe any delay in a case is due to an attorney trying to milk the file and make more money. But, in reality, much of the delay of most cases is out of either party's hands. First, there are delays built right into the rules of procedure.
You should know that many states have laws regarding when and how a lawyer must communicate with clients. In general, however, you should be able to expect to get a general overview of your case whenever you request it from your attorney. In addition, you should also expect your attorney to call you back or return your emails in a timely manner.
2 weeks is a while. Most lawyers try to respond much more quickly. I would say that you should follow up with an email and or a phone call, sometimes phone calls are better. I am licensed in Pennsylvania. Members of my firm are licensed in various states, including... If your attorney is anything like me, she gets 160 emails a day.
If you believe that your lawyer has taken or improperly kept money or property that belongs to you, contact the state client security fund, client indemnity fund, or client assistance fund. The state or local bar association or the state disciplinary board can tell you how to contact the correct fund.
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.
Scott Aalsberg Esq. 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.
Trial and Verdict The more issues, evidence, witnesses, and arguments, the longer the trial will take. While a legal case may seem interminable and the delays costly, the procedures in place are designed to protect both parties and produce the fairest system possible.
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.
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.
Serious illness by witnesses or attorneys can also delay a trial. Defense attorney Ed Noriega said that while some people believe it is better for the defense to delay a case, it's not always better for the defendant. Delays wear a defendant down when his future is on hold, Noriega said.
How to Deal With Stress During a LawsuitGet a Reliable Legal Counsel. Often, the frustration comes from having a legal counsel that is not experienced enough to get a positive outcome. ... Engage in Calming Activities. ... Lighten the Schedule. ... Avoid Stimulants. ... Get Enough Sleep. ... Remain Active.
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.
Check your lawyer on legal sites such as Avvo or nolo, as well as on general sites like Google Places and Yelp! to see what other clients have to say. Search peer-review online databases such as martindale.com to see comments and opinions from other lawyers. 5. Get another lawyer's opinion.
Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.
If a case takes time, that is more opportunity for the parties to reconcile their differences outside of court and to reach a settlement.
For instance, after filing a case, the plaintiff usually has several months to serve the lawsuit on the other party (120 days in most jurisdictions). The other side then gets several weeks to prepare a response to the case (20 days is common).
Again, this process can take months or even years depending on how forthcoming the party is, and given the fact that most of these requests are also going to have a 30 day window to respond.
As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.
Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.
A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.