when you don't hear from your lawyer after deposition

If a witness does not understand a question, or cannot hear the other attorney, the witness should let the attorney know. That way, the question can be rephrased or repeated, allowing the witness to answer. Refusing a deposition is typically not permitted.

Full Answer

Can a lawyer ask you a question during a deposition?

During the deposition, an attorney may ask a question that both sides had agreed was improper (e.g. relevant, or leading). The other attorney may make an objection. The objection often prompts the asking attorney to withdraw the question. In some instances, a dispute may develop over whether a witness must answer a particular question.

What happens after you go through the deposition process?

If you get called into a deposition, you may request the presence of your attorney. Once you complete the deposition process, here’s what happens next. Depositions serve two main purposes: to find out what a witness knows and to preserve the witness’s testimony until it’s time for the trial.

Can a witness refuse to take a deposition?

Refusing a deposition is typically not permitted. A witness receives notice that their deposition will be taken through a document called a Notice of Deposition.This document contains information about the location, date,and time of the deposition. If the Notice of Documentation has been served in accordance with the law, the witness must attend.

Is it normal to not hear back from your lawyer?

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.

How long should I wait to hear from my attorney?

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.

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

If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face. Your next step would depend on the nature of the problem.

How long should it take for a lawyer to get back to you?

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...

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.

Why do lawyers take so long to settle a case?

Personal injury cases usually take quite some time to settle or resolve. The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation.

Is no news good news from your lawyer?

The bottom line is that this is generally one of those cases where “no news is good news” because it means your attorney is working on your case. The only time you should get concerned is if you need to speak to your attorney and you cannot get through nor have you received a return call.

How do you know if your lawyer is working for you?

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.

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.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

How do you get a lawyer's attention?

If your lawyer doesn't seem to be working on your case, sending a polite but firm letter laying out your concerns should get your lawyer's attention. Don't threaten to file a malpractice lawsuit or complain to the bar association; such threats will probably make your lawyer angry and defensive, not attentive.

Why do lawyers take so long?

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.

How long does it take for a medical malpractice attorney to get your medical records?

The attorney has sent requests for your medical records. That can take weeks or even months.

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What does it mean when an attorney says he is taking on too many cases?

More than he can handle. It means that he does not have the staff necessary to do a timely, thorough and detailed investigation. It also tells me that he doesn't have the time or staff necessary to keep you up to date on what's happening on your case.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

How long does it take for a medical record to be turned over?

The attorney has sent requests for your medical records. That can take weeks or even months. Some doctors or hospitals refuse to hand over the records voluntarily. If that's the case, the attorney might have to start a case on your behalf simply to have the court order the doctor or the hospital to turn over your records. That can take time to accomplish.

How often does a lawyer speak to you?

He's content to speak to you every six months to a year, or if you happen to call asking what's going on with your case.

What does an expert do?

The expert must evaluate all your medical records to determine if your doctor violated the basic standards of good medical care. He must also determine if that wrongdoing caused or contributed to your injuries. He then must determine if your injuries are significant and/or permanent.

What is a deposition in personal injury?

A deposition refers to an official interview of a witness to learn more about the case. In general, depositions involve one party interviewing the other party’s witnesses to find out what they know.

What happens if a witness cannot appear in a trial?

If a witness cannot appear in trial for any reason, his or her deposition may serve as a substitute. Depositions are important parts of the claims process, but they are often only the beginning of a case. Work with an attorney to learn more about the role depositions might play in your claim.

What is a deposition interview?

A deposition requires sworn and recorded testimony by the witness, who will be under oath. A court reporter will be present during the deposition interview typing everything that is said on a stenography device. The device allows the reporter to quickly transcribe everything that the attorneys and witnesses are saying in a form of shorthand.

Why is it important to hire an attorney?

This is why it’s important to hire an attorney, to help you complete depositions and use the information to your advantage. If you need to follow up with any council members after your deposition (i.e., to provide documentation), your personal injury attorney can help you with this as well.

What is a court reporter?

A Court Reporter Creates a Transcript of Your Testimony. Depositions serve two main purposes: to find out what a witness knows and to preserve the witness’s testimony until it’s time for the trial. With a deposition, a witness’s full account will be on record, protected from the effects of time on memory. Even if the trial doesn’t happen ...

What happens to a witness's testimony during a deposition?

With a deposition, a witness’s full account will be on record, protected from the effects of time on memory. Even if the trial doesn’t happen for a few more years, the original depositions will preserve a witness’s statements while the issue is still fresh in mind.

Can a lawyer review a deposition?

Most lawyers will use special software to easily review depositions and transcripts. Speak with your lawyer if you believe the court reporter misquoted you on your transcript. Your attorney may order additional depositions of other people if your deposition has any issues or gaps.

What is a Deposition?

Depositions are used by parties to obtain relevant evidence about the case. Evidence is material that supports one party’s claims or more contentions. For example, if a plaintiff in an auto accident case claims the defendant driver was negligent, the plaintiff’s attorney can depose the driver. The attorney can ask the driver if there were any conditions that impaired the driver’s performance before the accident. Such conditions may include whether it was raining, or whether the driver neglected to wear their glasses.

What Happens During a Deposition?

During the deposition, attorneys from each side ask witnesses a series of questions. For example, in a car accident case filed by a plaintiff, an attorney for the plaintiff may ask the defendant a series of questions. The questions during a deposition are “who, what, when, where, and how” questions.” The questions are designed to obtain relevant information.

Do I Need an Attorney for My Deposition?

If you have been injured through someone’s negligence, you should consult a personal injury attorney. An experienced personal injury attorney can review the facts of your case. The attorney can represent you at the deposition, and at trial.

How to prepare for a deposition?

To prepare for deposition, a witness can review documentation related to their claim. A witness can prepare for deposition through their attorney’s assistance. The attorney can discuss what questions are likely to be asked, and the attorney can “practice” the witness’s answer with the witness. The attorney may not “coach” the witness, either before the deposition or during it.To “coach” a witness is to tell a witness how to answer a question before the witness has had an opportunity to speak. A witness’s answer must be the product of their own thinking. The answer cannot be the product of the attorney’s influence.

What questions does the attorney ask a witness during a deposition?

During the deposition, one side’s attorney asks a witness a series of questions as to the witness’s knowledge of facts, circumstances, and events relevant to the case. The witness can be the other party, someone the other party claims to have relevant knowledge, or an expert whose opinions and conclusions are sought.

Why do you use a deposition at trial?

A party may use the deposition at trial to demonstrate a witness testifying at trial is not being truthful. Trial testimony on a given question may vary from how the question was answered during the deposition. A lawyer may point out these discrepancies to call the witness’ credibility into question.

How long do witnesses have to answer questions?

Witnesses must be prepared to answer questions for a potential period of several hours. During this time, the attorneys may object to the form of each others’ questions.