What would be considered an unreasonable amount of time when waiting to hear from your lawyer?
My attorney has failed to return calls or emails about details of my cases well thursday will make it 3 weeks.
When we last spoke, he said he would need to call me back, but did give a very brief synopsis and said we had a settlement offer from one of the suits. That was three weeks ago, and I dont know how long he had been sitting on the offer before that.
There was a call five weeks ago on a Monday, he said he needed to call back, I tried an email, didnt hear anything via phone or email, then two weeks later called him, this is when he gave me the mini update and now here we are three weeks after that and I still have no communication.
So what would one consider a reasonable amount of time? What should my next step be? I am thinking something like if I dont hear from you within 48 hours I wiell seek new counsel, but I do not know how that works now that we were past the statute of limitation for filing the claims?
Any advice (prefer someone in the legal profession). Thanks
Answers:
I am a lawyers worst nightmare. When I divorced my wife I hired a lawyer recommended by a fellow Chief, and made it clear to him that HE WORKED FOR ME, not the other way around.
I also informed him that when I called, I expected an answer, with in the day, from HIM. If I did not receive a call from him THAT day, I presented myself at his doorstep THAT evening, got my answer, and informed him that I would be DEDUCTING MY TIME from his bill.
When I instructed him to make motions in court, and he did not, I fired him, right in front of the judge, during the proceedings.
Lawyers tend to be rather full of themselves. They need to realize that THEY WORK FOR YOU!
Inform your lawyer that he can expect payment for his services with the same expediance he provded them.
Less than one day. Apparently he's not making enough money off your case.
He should at least return your calls once per week. Either personally, or someone on his staff who can answer your questions. Absolute bare minimum, once per week if you are asking for updates -- but the answer might be "no news yet".
If it's been several weeks with no answer, you should call and set a deadline.
The "offer" was made to you, through your attorney, so it won't matter if you change attorneys, which you should anyway.
"Reasonable" time depends on whether anything can go wrong (or change) during the time you're left waiting. With the history you mention above, you should immediately fire the attorney, ask for your files, and not pay any bills until he can prove he actually did any work.
If the claim should have been filed on time, and was not, then that attorney has committed malpractice and will have to pay the damages from his own insurance.
Well I'm not in the legal proffession, but I have alot experience with the legal proffession. Your lawyer has not "forgot about you". He is no doubt a busy person. I bet he already has your money. That explains why he is not at your beck and call. To get his attention, don't call, don't email, just show up at his office and explain to his secretary that you are here and won't leave until you see him/her. You can always file a complaint with his state's Bar Association but again they are all lawyers. You really won't get far. Good luck.
It all depends on what he is working on. This has to be the criteria used to judge how much time ifs unreasonable because he is dragging his feet.
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When we last spoke, he said he would need to call me back, but did give a very brief synopsis and said we had a settlement offer from one of the suits. That was three weeks ago, and I dont know how long he had been sitting on the offer before that.
There was a call five weeks ago on a Monday, he said he needed to call back, I tried an email, didnt hear anything via phone or email, then two weeks later called him, this is when he gave me the mini update and now here we are three weeks after that and I still have no communication.
So what would one consider a reasonable amount of time? What should my next step be? I am thinking something like if I dont hear from you within 48 hours I wiell seek new counsel, but I do not know how that works now that we were past the statute of limitation for filing the claims?
Any advice (prefer someone in the legal profession). Thanks
Answers:
I am a lawyers worst nightmare. When I divorced my wife I hired a lawyer recommended by a fellow Chief, and made it clear to him that HE WORKED FOR ME, not the other way around.
I also informed him that when I called, I expected an answer, with in the day, from HIM. If I did not receive a call from him THAT day, I presented myself at his doorstep THAT evening, got my answer, and informed him that I would be DEDUCTING MY TIME from his bill.
When I instructed him to make motions in court, and he did not, I fired him, right in front of the judge, during the proceedings.
Lawyers tend to be rather full of themselves. They need to realize that THEY WORK FOR YOU!
Inform your lawyer that he can expect payment for his services with the same expediance he provded them.
Less than one day. Apparently he's not making enough money off your case.
He should at least return your calls once per week. Either personally, or someone on his staff who can answer your questions. Absolute bare minimum, once per week if you are asking for updates -- but the answer might be "no news yet".
If it's been several weeks with no answer, you should call and set a deadline.
The "offer" was made to you, through your attorney, so it won't matter if you change attorneys, which you should anyway.
"Reasonable" time depends on whether anything can go wrong (or change) during the time you're left waiting. With the history you mention above, you should immediately fire the attorney, ask for your files, and not pay any bills until he can prove he actually did any work.
If the claim should have been filed on time, and was not, then that attorney has committed malpractice and will have to pay the damages from his own insurance.
Well I'm not in the legal proffession, but I have alot experience with the legal proffession. Your lawyer has not "forgot about you". He is no doubt a busy person. I bet he already has your money. That explains why he is not at your beck and call. To get his attention, don't call, don't email, just show up at his office and explain to his secretary that you are here and won't leave until you see him/her. You can always file a complaint with his state's Bar Association but again they are all lawyers. You really won't get far. Good luck.
It all depends on what he is working on. This has to be the criteria used to judge how much time ifs unreasonable because he is dragging his feet.
The Answers post by the user, for information only, FreeLawAnswer does not guarantee the right.
Answer question:
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