when you don't hear from the other party's lawyer

If you still don't hear anything, you might assume that the attorney does not want to represent you and find another attorney. The attorney's conduct may rise to the level of professional misconduct which you could report to the state bar association or attorney grievance commission. Report Abuse

Full Answer

Why haven’t I heard from my attorney in months?

This is the most benign reason you haven't heard from your attorney in months. Your attorney is really good at what he does. He's well known and has a good staff. He knows what's going on with your case every time you call. He doesn't need to look on the computer to see what happened on your case.

Why doesn't my lawyer communicate with Me regularly?

He has no system in place to communicate with you regularly. He has no newsletter sent to you each month. He doesn't send letters out to his clients each month. He doesn't send emails to update you on what's happening. It takes too much time and too much effort on his part.

Can a lawyer speak to a person who is represented by counsel?

A lawyer cannot speak to a person who is represented by counsel. Have your attorney contact the attorney. Report Abuse Report Abuse Please explain why you are flagging this content: * This will flag comments for moderators to take action.

Can a pro se attorney contact an adverse party?

As a pro se litigant, an attorney plays the role of both counsel and client. Therein lies the problem with Model Rule 4.2: does the restriction upon the attorney (as an attorney) restrict the pro se attorney (as a litigation party) from contacting an adverse party?

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 do you do when a lawyer doesn't respond?

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.

Is it normal for lawyers not 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.

How long do lawyers have to respond to each other?

Response or default: Once the case is filed, you generally have 30 days to respond to the lawsuit. If you do not respond, you will be in default.

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.

How often should your lawyer contact you?

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.

Why do attorneys take so long to respond?

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.

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.

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.

Do lawyers have to talk to each other?

Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make.

Do opposing lawyers talk to each other?

Ultimately, it isn't uncommon for attorneys in the community to have a friendly relationship. Don't be afraid if you even see the attorneys partake in some light banter back and forth.

Do lawyers respond to emails?

All told, lawyers are busy professionals, and too much work (and other reasons) can prevent lawyers from responding to calls or emails from other lawyers. However, to keep communication open and to avoid inefficiencies, lawyers should return emails and phone calls to other attorneys as much as possible.

What to do if you don't hear anything from an attorney?

If you still don't hear anything, you might assume that the attorney does not want to represent you and find another attorney. The attorney's conduct may rise to the level of professional misconduct which you could report to the state bar association or attorney grievance commission.

What to do if you haven't heard from a lawyer?

Send him an e-mail that if you haven't heard from him within 48 hours that you're going to discharge him and seek representation elsewhere. The #1 grievance against lawyers is failing to maintain contact with clients, and return their phone calls.

What happens if a lawyer does not return a call?

If a lawyer does not return your calls it is a clear sign that he is not on top of your case and does not care about it or his reputation. I would send him am email and leave a message at his office that you want your retainer back unless he returns your calls. Have him give you an explanation why he did not return your calls. If you are not satisfied retain another lawyer unless he has taken more than a thousand and has not agreed to return at least half.

How to contact a lawyer?

The communication channels that you can use to contact your attorney include: 1 Calling the Law Firm and asking to speak with your attorney or case manager. 2 Writing a letter requesting contact. 3 Schedule an appointment 4 Send an email to your attorney and case manager

What to do if you feel uneasy about your case?

If you still feel uneasy about your case's status, feel free to reach out to a personal injury attorney and ask if they can further explain the process and update you on your case.

What to do if you are worried about your case?

If you are worried about your case's status, use one of the open lines of communication available to you so that you can speak with your attorney. Attorneys are bound by a code of legal ethics that they are expected to follow regardless of the client or case.

Do you have to go to trial for a personal injury case?

However, getting a financial settlement is not going to happen overnight. Although personal injury law suits do not generally require a trial, the process of getting an amount of compensation that is fair to you can be a drawn-out process. Read more about how long personal injury cases take.

3 attorney answers

If the other party is opposing you in litigation, this this same lawyer can't represent parties that are in any was adversarial, since it would be a huge conflict of interest.

Pamela Koslyn

Sure; call the attorney and tell him all about your case. Then send him/her a note confirming that you spoke and tell him/her how great it was to talk about the case. Keep good notes on this conversation and keep a copy of your letter or emai to the lawyer. Be sure to mention the names of the parties to the dispute. ALL the names.

Gerald Gould Knapton

Your only option is to get to the attorney first. If the other party has already hired the attorney, that lawyer can't even talk to you about taking the case. A lawyer has a duty of loyalty to clients and can't dump an existing client to take the opposing party's case...

Who said "He who represents himself has a fool for a client"?

The well-known old saying often credited to Abraham Lincoln states that “He who represents himself has a fool for a client.”. This article will not comment on the advisability of representing yourself in litigation, but will instead discuss the ethical issues that arise when an attorney is either a pro se litigant (representing him or herself) ...

What is Rule 4.2?

In conclusion, Rule 4.2 (or an analogous rule) likely restricts an attorney who is a pro se litigant from contacting or conversing with an adverse party represented by counsel about the subject matter of a pending litigation.

Is an attorney acting as both counsel and client?

In this situation, the attorney is not acting as both counsel and client, but is rather is only a client who has retained representation. PBA Opinion 2017-200 found that when an attorney is represented by counsel, Rule 4.2 does not apply, reasoning that Rule 4.2 only applies when an attorney is acting in the role of representing a client ...

Is Rule 4.2 a role rule?

PBA stated that: “Rule 4.2 is a “role rule” since by its terms it applies to lawyers only when they are representing clients. It does not apply to lawyers simply because they are lawyers.”. [7] (We note that this seems somewhat at odds with the notion of protecting people from an attorney’s specialized skills).

Is Rule 4.2 an identity rule?

In determining that Rule 4.2 is an identity rule, these jurisdictions found that the legal system benefited from a policy preventing attorneys from using their specialized legal knowledge and skills to influence an adversary, even when both sides were represented by counsel.

Can a lawyer communicate with another lawyer?

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Can an attorney speak with an adverse party?

However, an attorney who is a pro se litigant is also the attorney representing themselves, and it can be argued that pursuant to Model Rule 4.2, the attorney is ethically prohibited from speaking with an adverse party represented by counsel without “consent of the other lawyer or is authorized to do so by law or a court order.”.

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.

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.

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.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

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.

Can a lawyer communicate with another lawyer?

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Can a lawyer be a conduit?

But, in the end, it is an unsettled question as to whether the client, herself, can function as the lawyer’s conduit.