when lawyer takes too long

by Patsy Larson 10 min read

Generally, if your lawyer is taking too long, it could be for a good reason. Good reasons for the lawyer’s delay include waiting for available court dates, lengthy negotiations, court delays, medical treatment to finish, receiving medical records, finding absent parties, and more.

Full Answer

Why does a court case take so long?

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.

Why do you need to know the full extent of your damages?

This is because you and your attorney need to know the full extent of the damages on your claim. Ascertaining all of the damages on a case means your lawyer needs to know the full extent of: Your medical bills. Your lost wages. Any permanent damage you may have suffered as a result of the injury.

How long does it take to get a discovery?

If the defendant is not at home or work (or is just very adept at ducking service) this can take a few months. Discovery takes time. Discovery is the process where each side obtains evidence from the opposing party.

What does it mean when a court docket is crowded?

That takes time. Court dockets are crowded. A crowded docket means hearings before the court can take a long time to schedule. Continuances are common. Finally, if you ever want to know what is going on with your case, do not ever feel shy about calling or emailing your lawyer or your paralegal. Back to blog.

What is a deposition in court?

Depositions. This is the taking of a recorded, oral statement of a witness who is under oath. A court reporter may be there to transcribe the proceeding, or it may be on video, or both. The witness being deposed might be a party to the case (a plaintiff or defendant) or they may be a fact or expert witness.

Does your lawyer respond to you in a timely fashion?

Just because your lawyer is responding to you in a timely fashion doesn’t mean the other side is. Sometimes, the other side ducks calls and ignores letters. Your lawyer will certainly do everything possible to move the case forward but they cannot control what the other side is doing. Your case is in court.

When can a personal injury attorney file a complaint?

In fact, the attorney is unlikely to file the complaint until you’ve reached Maximum Medical Improvement.

How long does a personal injury trial last?

A mediator may need to come in to help with this step. If there is no settlement, a trial is scheduled. Personal injury trials are scheduled for a few hours rather than full days. Judges’ schedules and other trials may take precedence and lead to cancellations and rescheduling, which can make a trial last a lot longer than other types of lawsuits.

Stanley David Schnaare

Go meet with him and get his explanation, which may actually be logical considering the timing of estates. Remember any new attorney will have to spend time getting "up to speed" on the case. If things don't work out you always can get a new attorney to finish matters.

Leonard Komen

I don't know you your attorney is so this is not presented in his defense, but as an explanation of the probate system. Your probate case is moving as quickly as possible under the law and he is not delaying it. First, the date your mother died is not relevant as to the time frame. The key is the date you were appointed.

lwpat Moderator

This should have been settled long ago. The lawyer is taking you for a ride in his BMW.

Scooterdog New Member

Sure, you can complain to the stat bar lol. The country club for shyster.

UMASS Law Topic Starter New Member

Can I initiate legal action on my own behalf even though I am not the executor of the estate or do the five siblings all have to agree on doing it?

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

How Long Should a Personal Injury Case Take?

There is no concrete timeline for settling a personal injury case. It usually takes a few months, but it can be anywhere from several weeks to years. The main hurdles are often the size of the settlement and the complexity of the case.

Factors That Can Delay a Settlement

Several recurring factors often account for delays in reaching a settlement in a personal injury lawsuit. One of the most common is when your attorney is in protracted negotiations with auto insurance companies regarding your no-fault insurance benefits.

What Should I Do if My Lawyer is Taking Too Long to Get Me a Settlement?

Many accident victims are left wondering, what should I do if my auto accident lawyer takes too long to get a settlement? You have a few options if you are no longer feeling confident in your legal counsel.

Personal Injury Attorneys With an Impeccable Record

If you live in Michigan and are considering switching law firms because you have issues with your current attorney, contact the car accident lawyers at Cochran, Kroll & Associates, P.C. for a free consultation.

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