arizona what to do when your attorney doesn't give you copies of court documents

Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

Full Answer

Why won't my attorney give me a copy of my file?

Oct 24, 2011 · Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office. Report Abuse. Report Abuse.

What to do if the plaintiff does not give you documents?

Jul 10, 2013 · It depends on why your lawyer does not want to give you the documents. You may have a right to copies or there may be a court order preventing disclosure on third party privacy issues. You may be creating a conflict with your lawyer that will force the lawyer to withdraw. Before you do anything hasty, you should sit down with another lawyer and go over the details …

How do I get my case file back from a lawyer?

If you have a question which you don’t see listed, please call our office at (602) 452-3396. Some answers contain links for court rules. When you click on the link, you will be taken to a website maintained by West Publishing. You may view the rule for free but you will be asked to register on the West Publishing site before you can see the rule.

Where can I find Arizona Court rules for free?

Jan 09, 2016 · John Skiba, Esq. – (480) 420-4028. Schedule a Free Consultation! John Skiba, Esq. We offer a free consultation to discuss your debt problem and help you put together a game plan to eliminate your debt once and for all. Give us a call at (480) 420-4028. We will be in touch shortly to set up your free consultation.

2 attorney answers

You can't prevent him from filing a motion to withdraw. The judge may not grant it if you are on your fourth attorney. The only entity that can hold the attorney accountable is the stat bar. I would send him a certified letter demanding a complete copy of your file...

Macy Michelle Jaggers

It depends on why your lawyer does not want to give you the documents. You may have a right to copies or there may be a court order preventing disclosure on third party privacy issues. You may be creating a conflict with your lawyer that will force the lawyer to withdraw.

What is the phone number for the Supreme Court?

Click on the question to see the answer. If you have a question which you don’t see listed, please call our office at 602-452-3396.

Where can I find Arizona court rules?

You may also find the Arizona court rules in your local law library.

What happens if you don't file an answer in Arizona?

However, in most cases (particularly in the Arizona justice court system) if an Answer isn’t filed it is pretty much a rubber stamping of the default judgment and the debt buyer gets a default judgment for everything that they are asking for.

How can the Arizona courts help?

Arizona courts can help to level the playing field by requiring the debt buyers to adhere to the Arizona Rules of Civil Procedure and hold them accountable to putting forth a true good faith effort when attempting to locate defendants in a debt collection lawsuit.

What do you do before a default judgment can be entered?

Before a default judgment can be entered the debt buyer must file an Affidavit of Service with the court outlining how they served you with the summons and complaint. Once you obtain that document we can sit down and go over exactly what the process server is alleging took place and prepare a response to it.

How long does it take to serve a junk debt buyer in Arizona?

Junk debt buyers sue people – its what they do. After the junk debt buyer files the complaint and summons with the court then in Arizona they have 120 days to serve you with the summons and complaint. To serve someone typically means that a paid process server comes by your house and literally hands you the documentation.

How long does it take to file a default in Arizona?

The Arizona Default Judgment Process. When a defendant is “served” and doesn’t file an Answer within the twenty (20) day time period the debt buyer will then file a document called the “Application for Default”. Arizona is a little different than many states in that we have a two-step default process.

When a debt buyer approaches a court asking that a default judgment be entered, should they?

Second, when a debt buyer approaches a court asking that a default judgment be entered they should require that the debt buyers provide real, admissible evidence as to who the original creditor is, what the amount owed is, and how it is that the debt buyer is entitled to payment ( as opposed to the original creditor).

How long does it take for a credit card to be charged off?

When a credit card or other debt goes delinquent most creditors will try and collect on the debt for a period of time (about 6 months) and then will charge the debt off. There is a lot of misunderstanding when it comes to the term “ charge off “.

What to do if your attorney is not cooperating?

If your attorney is not cooperating, you can go to the courthouse to see copies of all documents that have been filed relating to your case. Lastly, you may have to sue your former attorney in order to get your case file back.

What to do if your lawyer is not responding to you?

If, after many attempts to communicate with your attorney are met with silence, write your lawyer a firm letter asking why they are not responding to you. You should not threaten legal malpractice claims in your letter.

How long does it take for an arbitration to become binding?

You should keep in mind that your nonbinding arbitration outcome could become binding if you do not challenge the result in court within 30 days.

What to do if you receive a bill that looks like the one above?

If you receive a bill that looks like the one above, you should demand an itemized accounting of all the time that your attorney spent on your case. Where exactly did those 50 hours go? For example, if your attorney claims that he wrote a letter to opposing counsel for 4 hours, and the letter turned out to be 2 paragraphs long, you may want to seriously question your attorney's time management.

What are the rules of legal ethics?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.

What to do if your attorney is not doing a good job?

One of the best things that you can do if you feel that your attorney is not doing a good job is to get another law firm to look at your situation. These second opinions do not have to cost very much as it will probably only last an hour or two.

What is the best way to fight legal malpractice?

Consider Mediation . One common method that many people are turning to instead of legal malpractice claims is mediation. Mediation is something both you and your lawyer may benefit from, and could even lead to a better attorney-client relationship.

What is the role of the court in divorce?

When children are involved,however, the court has a special responsibility to decidematters of legal custody, parenting time and child support.Even if the marriage ends by default, the court mustinquire about these issues and make orders that are in achild’s best interests.

What is the response to a petition?

The reply to the Petition is made in a written docu-ment called the "Response." In the Response, theRespondent can agree with the requests that thePetitioner has made or ask for different orders fromthe court.

What is it called when you give notice to your spouse that a divorce has been started?

Giving notice to the other spouse that a divorce casehas been started is called "service" and is done by giving ("serving") copies of the Summons, Petition and other papers which the Petitioner filed to theother spouse.

What is a preliminary injunction?

The Preliminary Injunction prevents ("enjoins")each spouse from doing certain things that mightdamage the person, property or legal rights of theother spouse. The purpose of the PreliminaryInjunction is to keep each spouse from making deci-sions or taking actions about money and propertybelonging to both spouses and about the legalinterests of any minor children until written agree-ment is reached by the parties or the court has hadthe opportunity to make fair decisions about thesematters. As much as possible, it keeps everything asit was during the marriage while the divorce case isbefore the court.

What is summons in divorce?

The Summons is the official court paper that tellsthe other spouse that a divorce case has been start-ed and that some action must be taken if the otherspouse wants to be heard by the court. It also tellsthe spouse that there is a time limit in which to act.The Summons must be signed and stamped by theClerk of Superior Court to be official. The divorcecase cannot go forward until the Summons (with thePetition and other papers) is deliveredto the spousein the proper way.

How long does it take to file a response to a summons?

There is a time limit for filing the Response. Courtrules provide that the Response must be filed with-in 20 days of the date that the Summons andPetition are served on the Respondent, or within 30days if service is made on the Respondent outsidethe state.

What is the respondent in an adivorce case?

In adivorce case, the person who starts the court caseby filing the Petition is called the "Petitioner." Theother spouse is called the "Respondent" becausethat spouse can file a paper answering the Petitionthat is called a "Response."

What happens if a client fires a lawyer?

When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.

What is the role of a disciplinary board in a state?

State Disciplinary Boards. Each state has a disciplinary board that enforces state ethics rules for lawyers. The board is usually an arm of the state’s supreme court and has authority to interpret ethics rules, investigate potential violations, conduct evidentiary hearings, and administer attorney discipline.

How to file a complaint against a lawyer?

In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.

What is the role of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”

What is incompetence in a lawyer?

Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.

What is a public reprimand?

issue a private reprimand (usually a letter sent to the lawyer) issue a public reprimand (usually published in the agency’s official reports and a local legal journal or newspaper ) suspend the lawyer (the lawyer cannot practice law for a specific time) disbar the lawyer (the lawyer loses his or her license to practice law), and/or.

What happens if you don't report a violation of the law?

If there's no evidence of a violation, the board will dismiss the case and notify you. If the violation is minor, a phone call or letter to the lawyer usually ends the matter.

How long does it take to respond to an interrogatory request?

The plaintiff must give you responses to the request for interrogatories within 45 days of when you mailed the request. If they do not give you a response you can send a final request to the plaintiff. In the final request tell the plaintiff they have another 30 days to give you answers to your interrogatory requests.

How long does it take for a plaintiff to respond to a request for admission?

The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements. If the Plaintiff does not respond to your request for admissions within 30 days, then they have admitted each of ...

What to do if you asked the plaintiff to provide the contract that says you owe the debt and the plaintiff

If you asked the plaintiff to provide the contract that says you owe the debt and the Plaintiff did not provide it, tell the judge. If you asked the plaintiff to provide their record of what you owe and they did not, tell the judge.

How long does it take to get a motion for discovery?

Request for Production of Documents within 30 days. You can file a Motion for Order Compelling Discovery. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.

What to do if the plaintiff does not respond to the motion for order compelling discovery?

Motion for order compelling discovery. If the plaintiff does not respond, you can file a motion for order compelling discovery . Explain to the judge that you asked the plaintiff to give you documents and, they did not. Tell the judge why you need the documents.

How long does it take for a plaintiff to admit a statement?

If the Plaintiff does not respond to your request for admissions within 30 days, then they have admitted each of the statements in your requests . The court considers that the plaintiff admits all the statements are true if they do not deny or object to them.

What happens if a plaintiff cannot provide proof of debt?

Tell the judge that if the plaintiff cannot provide proof of the debt amount, they cannot win their case. The accounting of the debt amount is the ledger. the judge to order the plaintiff to give you the documents you requested in the Request for Production of Documents.

What happens if you file a motion for substitution of counsel?

If your case is already filed within the court system, you (or your new attorney) will need to file notice with the court that you are now represented by new counsel. Your new attorney will file a “motion for substitution of counsel” and your old attorney will file a motion to withdraw.

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

Why is malpractice considered a legal malpractice?

Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.

Why do I have to pay off my personal injury case?

Pay off your balance immediately because the lawyer could hold your case files until they receive payment. If you know your lawyer isn’t working for you, but you don’t have a second lawyer yet, please feel free to use the Enjuris Personal Injury Law Firm Directory to find a lawyer near you who can take your case.

Why do I retain legal counsel?

Reason #4: You disagree with your lawyer’s advice. You retain legal counsel because you need advice. However, the lawyer should still take your wishes into consideration. The lawyer could be pressuring you to accept a settlement that you think is too low to cover your costs after an accident.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

How to terminate a contract?

Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.