will my lawyer tell me when my lawsuit has been filed

Again, this will be at least a year after filing the lawsuit, and in most personal injury cases in Los Angeles, more likely 18 months or more after initially filing the lawsuit. So when you hear your attorney say that a lawsuit has been filed in your case, stay calm.

Full Answer

How do I know if someone has filed a lawsuit against me?

If a lawsuit has been filed and a default judgment has not been issued, you have to act quickly. Arizona and Florida both have a 20-day deadline to respond to lawsuits, while the deadline in Texas is 14-20 days, depending on where the lawsuit is filed. If you still have some time, consider attempting to negotiate a settlement if the debt is valid.

How to file a lawsuit against an attorney for malpractice?

 · In addition to asking your attorney, you may find out if a case has been filed in the following manner: 1: call the court clerk or coordinator for the court in which you think the case was filed (e.g. justice, county or district court). 2: search an online database.

What happens once a formal lawsuit begins?

 · A suit that is not properly served on you is invalid due to lack of proper service. However, sometimes a process server or law office will claim proper service when same has not been effected, so in that circumstance it is best to find out if a case is pending by going to the court in the county where the incident happened and look up the docket sheet on any action …

How do I file a personal injury lawsuit?

A personal injury lawsuit technically begins when a "complaint" is filed in the local branch of your state's civil court. The complaint is a legal document setting out the facts and legal basis for your claim against the defendant. This complaint must be filed within the time limit set by your state's statute of limitations.

What happen when a suit is filed?

The act of filing legal papers at the courthouse is called "filing suit." The client gives the authorization to file suit after all other options have been exhausted during the pre-suit period. When a case is filed with the court, it does not necessarily mean you will be accompanying your lawyer to court.

How often should I hear from my attorney?

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.

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

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 are the stages in a typical lawsuit?

Civil lawsuits generally proceed through distinct steps: pleadings, discovery, trial, and possibly an appeal. However, parties can halt this process by voluntarily settling at any time. Most cases settle before reaching trial.

Is it normal to not 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 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...•

What does it mean when your lawyer doesn't call you back?

This is how the practice of law is supposed to work. So often when a lawyer does not return your call for a few days it may simply mean your lawyer is busy getting some important work done in your case or in another client's case. There is nothing going on with your case.

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 not take cases?

The attorney may have not seen enough financial incentive to pursue your case, or they may think that someone else is better qualified to represent you in a court of law. It's also possible that they don't feel good enough about their chances of winning your case to accept it.

What are the 5 steps in a civil lawsuit?

The following process explains the steps of a civil lawsuit.Step 1: Consult With Representatives. If you are considering going to court, talk to your potential representatives before filing a lawsuit. ... Step 2: File Complaint / Pleading. ... Step 3: Discovery. ... Step 4: Trial. ... Step 5: Verdict. ... Step 6: Appeal.

What occurs after the lawsuit if the defendant wins?

After the judge, or a jury, grants you your award or judgment, you must still pursue or “execute” on the judgment. Lawsuits typically resolve with one of two different outcomes – you receive an order from the court requiring the party to do something (or refrain from doing something) or you receive a monetary award.

What is the last stage of the law suit?

Conclusion: Following discovery, the lawsuit needs a final conclusion. Most cases settle, with mediation being the most common means of reaching settlement. If settlement efforts fail, then the final outcome is determined by trial.

Don Karotkin

Ask your lawyer. If he or she can't or won't give you an answer, I suggest that you fire the lawyer and hire a new one. Good luck.

Richard Kurt Arbuckle

Ask your attorney. If you do not get an answer, ask in a letter certified mail.

C. Andrew Campbell

Call your attorney and ask what the status is and tell your attorney you are concerned about the statute of limitations.

How to see if you are named in a lawsuit?

Look on the court's database and see if you are named in any lawsuit.

Where to check for lawsuits?

Check clerk of superior court in every county you think where the lawsuit might be filed. Check federal court clerk as well if need be.

What happens if you are not served properly?

A suit that is not properly served on you is invalid due to lack of proper service. However, sometimes a process server or law office will claim proper service when same has not been effected, so in that circumstance it is best to find out if a case is pending by going to the court in the county where the incident happened and look up the docket sheet on any action that has been filed against you (the clerk can help you look under your name and see if there are any pending actions). If there is such an action and you have not been properly served, you will want to contest the service and ask that the case be dismissed (it's probably best to hire a lawyer to do this for you so the proper Motion can be filed in the proper format with proper notice, but you could try and do it yourself and hope the Judge will cut you some slack if you don't do everything quite by the Court Rules). Of course, if you really were properly served and have just ignored the matter, you need counsel right away or it is likely you will find out that a Judgment gets issued against you because of your failure to respond and defend.

How to find out if your name is filed?

Many counties have websites that you can do a name search to see if there is anything filed referencing your name. Otherwise call your insurance carrier.

Where do you file suit papers?

As the old professor, Casey Stengel used to say: "You could look it up". The suit papers should be on file with the court clerk of the jurisdiction in which you are being sued. The party suing you is required to get copies of the suit papers to you, but that doesn't always happen.

Can you search for a case by party name?

Most county courts have online access to search for cases by a party's name. Spelling usually must be precise and you don?t know if they spelled your name correctly, or added a middle initial, etc. But you can start there.

Can you check on line if you have not been served?

You can check on line. If you or another defendant has not been served, then they cannot proceed forward with the suit.

Where do personal injury lawsuits start?

A personal injury lawsuit technically begins when a " complaint " is filed in the local branch of your state's civil court. The complaint is a legal document setting out the facts and legal basis for your claim against the defendant.

Who makes the decision about taking your case to court?

A decision about taking your case to court should be made jointly by you and your lawyer after a thorough conversation about the pros and cons of filing a personal injury lawsuit.

Why do lawyers set cases for trial?

Often lawyers are forced to set cases for trial in order to put enough pressure on an insurance company to get a reasonable settlement offer. Getting a trial date from the court is a simple matter—your lawyer just sends the court a written request. It's what happens next that you have to be concerned about.

What is a complaint in court?

The complaint is a legal document setting out the facts and legal basis for your claim against the defendant. This complaint must be filed within the time limit set by your state's statute of limitations. But the real action of a lawsuit does not begin until the defendant and his or her lawyer are formally brought into the case when your complaint ...

What is the decision to serve the defendant?

The decision of when to serve the defendant, and therefore when to start the expensive and often stressful course of a lawsuit, depends on whether settlement negotiations are making any progress. If they are not, your lawyer may feel that proceeding with a formal lawsuit is the only way to pressure the insurance company to step up ...

What happens if you decide that what the insurance company is offering is just not enough?

If you decide that what the insurance company is offering is just not enough, even after your lawyer has done everything possible to persuade the insurer of your damages and the other party's liability, you may end up in a trial.

What does it mean when an insurance company has not come up with a settlement offer?

This means that the insurance company has not come up with a reasonable settlement offer and there are no more legal maneuvers, short of setting for trial, available to pressure the insurance company. Also, once the case is set for trial, the pace of legal maneuvering and preparations may speed up dramatically.

Find out the Court in which your lawsuit was filed

Find out the Court in which your lawsuit was filed Often, personal injury lawsuits are filed in a County Court of Common Pleas. For example, if you live in Toledo, your case may be filed in the Lucas County Court of Common Pleas.

If your Case is filed in a County Court of Common Pleas, many courts have their dockets online

If your Case is filed in a County Court of Common Pleas, many courts have their dockets online If you don't know what Court your case is filed in, ask your lawyer. Using a search engine, find the online clerk of courts website.

A few Courts scan in all filings so that you can read them

A few Courts scan in all filings so that you can read them This is not quite so common yet but some Courts such as the Montgomery County Court of Common Pleas and Stark County Court of Common Pleas actually scan in all filings.

What does it mean if there is no activity on the "Docket" for my case?

What does it mean if there is no activity on the "Docket" for my case? It could mean nothing as there are a number of reasons why there could be inactivity on the "Docket" of your case.

Should I expect my lawyer to explain to me how to access and interpret on-line dockets on the internet?

Should I expect my lawyer to explain to me how to access and interpret on-line dockets on the internet? Some lawyers are up-to-date on this rapidly-changing technology and some have staff who handle this. In the future, some Courts, such as the Montgomery County Court of Common Pleas will begin to require lawyers to file electronically.

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 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 is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. 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 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 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.

What does it mean when a defendant calls his attorney?

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.

What is the duty of a lawyer?

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.

What are the ethical obligations of a lawyer?

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.

Do attorneys have to keep clients informed?

The duty to keep clients informed rests on attorneys, not clients. But on the theory that if the attorney screws up it's the client who usually suffers, here are a couple of steps that defendants can take to try to secure effective communication with their lawyers: