why does it seem my lawyer is delaying on submitting a motion

by Ms. Pamela Rutherford Sr. 7 min read

What happens when a motion is denied by a lawyer?

Aug 16, 2013 · In smaller collar counties with fewer civil cases (like yours) filed, the likelihood of delay is greater as the system is not always set up to move the cases along, irrespective of the diligence of the lawyers. In these counties, the lawyers are often left alone to move the case forward without routine court intervention.

What rules do lawyers read before filing a motion?

ruling on the motion within thirty (30) days after the filing. T.R. 53.1(A). If the court has acted within the thirty-day period to schedule a motion for hearing, the actual hearing itself may take place outside the thirty-day window.1 • Once a court holds a hearing on a motion, the court has thirty (30) days to rule of the motion. Id.

Why does the defendant try to delay the process?

Purposeful delay of a litigation is both unethical (though seldom punished) and self-defeating. If you truly believe that delay is in your interest, make sure you weigh the increase in fees, time expended, opportunity costs, and aggravation. ... If your lawyer suggests filing a non-dispositive motion, ask the lawyer how that motion will advance ...

How do lawyers benefit from frivolous motions in court?

Apr 12, 2018 · Motion to Dismiss Complaint – The defendant may file a motion to dismiss a complaint, and in some cases, the plaintiff may need to redraft the complaint. Motion to Change Forum – Because the plaintiff chooses where a lawsuit is filed, the defendant can seek a change in the forum or venue, delaying the case. Appeals – Even after a verdict ...

Why do lawyers delay?

Delays Are Attempts to Get the Plaintiff to Settle They often go into trials knowing what they want to do, how they want to handle matters, and what tactics they want to employ. Even more, they know that plaintiffs are at a time in their lives when they are struggling and more than likely vulnerable.Apr 12, 2018

What is reasonable response time for a lawyer?

within 24-48 hoursA: 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.Dec 28, 2019

Is it normal to not hear 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.Oct 25, 2018

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. 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.Mar 29, 2021

How often should my attorney update me?

Once a month is a good rule of thumb if things are slow, but if you are preparing for trial or in my case an administrative benefits hearing, the contact with you and your attorney should be more frequent and specifically scheduled.

Why do attorneys take so long to respond?

Your Lawyer Is Busy with Other Cases Your attorney may not be able to respond to you right away because they're dealing with another client's negotiations or trial. Being busy with another client isn't an excuse to completely fail to respond to another client.Jul 29, 2020

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.Sep 27, 2018

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

Do lawyers lie to their clients?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.Jun 17, 2015

How do lawyers communicate?

You can communicate clearly by always thinking about why you are contacting your attorney and what you need from them....Stay informed about your case.Take notes if you talk to your lawyer in person or over the telephone. ... Always review your notes before contacting your attorney.More items...•Oct 29, 2019

Benefits of a Motion for Continuance

A continuance gives you and your divorce attorney more time to prepare for your hearing.

How a Continuance Could Damage Your Case

While both of the above circumstances can be used to gain benefit from a continuance, in some circumstances, continuing your hearing could be detrimental to your case.

1 attorney answer

Ask your attorney what motion they filed and why. A Motion is asking the court to do something, or asking the court to order someone to do something.

Robert Eugene Ness

Ask your attorney what motion they filed and why. A Motion is asking the court to do something, or asking the court to order someone to do something.