what if my attorney didnt fie an answer

If you think your attorney is ignoring you, send a certified letter to his office questioning the silence and that you are prepared to find a new lawyer if necessary. This will jolt him into action. He will respond either by saying the two of you aren’t a good fit, or he will start being much more communicative.

Full Answer

What to do if you can’t get answers from a lawyer?

What happens if a lawyer fails to file a case?

Should I talk to a lawyer about my legal troubles?

Oct 19, 2008 · Actually, in Washington, if you don't answer, the Plaintiff does not need to serve you with a motion for default. In most cases a judgment can be entered "ex parte" (without you being there). So you should definitely file an answer within the 20 days or you will most likely lose the case and have a difficult if not impossible time overturning that.

What should I do if my lawyer doesn’t accept my offer?

If you fail to respond to the petition by filing an Answer within the 30 day period, you will waive your right to receive any future notices regarding the final trial in the matter, including the time and place of the trial, the entry of judgment, and any notification of the court's decision. See O.C.G.A. §§ 9-11-5(a), 15-6-21(c) and 5-5-25. This is a serious penalty, because failing to file an …

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

Is it normal for lawyers not to respond?

One of the most common reasons that lawyers fail to communicate with their clients is because they are simply too busy. If you feel like you are getting the runaround, it may be time to take a more direct approach and call your lawyer directly.Jul 10, 2021

How long should a lawyer take to respond?

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.Dec 28, 2019

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 is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

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

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

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

Does my attorney have to give me my file?

Most documents held by your lawyer that relate to the case are yours—ask for them. In some states, however, a lawyer may have some rights to a file until the client pays a reasonable amount for work done on the case.Jun 7, 2018

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

What do you do when your lawyer lies to you?

If you think your attorney has acted unethically You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

Do I have to Respond to the Divorce Complaint?

As divorce attorneys, we are often asked by individuals what would happen if they simply did not respond to the divorce or child support modification petition they have been served with. Although we are commonly asked this question, we rarely ever respond. Why? Because instead, we advise that failure to respond is simply not an option.

If you Fail to Respond, They Could Have Trial Without You

If you fail to respond to the petition by filing an Answer within the 30 day period, you will waive your right to receive any future notices regarding the final trial in the matter, including the time and place of the trial, the entry of judgment, and any notification of the court's decision. See O.C.G.A. §§ 9-11-5 (a), 15-6-21 (c) and 5-5-25.

What If I'm Already Beyond 30 Days? Should I Still File?

If you have been served with a Petition for Divorce or any other action concerning alimony, you may still file an Answer in your matter even if you do not met the 30 day deadline. In fact, you may file an Answer at any time before the court enters a final judgment in your matter. See Todd v. Todd, 231 Ga. 647 (1974).

What is the ethical obligation of a lawyer?

A lawyer has an ethical obligation to communicate with his clients. If he’s holding documents or if his lack of communication is holding up your ability to settle the estate, he’s not meeting his ethical duty to you as a client. You might wish to send a certified letter, as you mentioned.

When are court records open?

August 9, 2019 at 7:24 pm. Court records are generally open to the public. You can go to the court where your case was filed (usually, the county where the accident occurred or where the defendant lives) and request to see the court file (go to the clerk’s office in the courthouse).

What is a notice of withdrawal?

This letter will prompt the attorney to file a notice of withdrawal with the court. In most states, the notice of withdrawal must include the client’s address. That way, the court, opposing attorneys, etc. will send the client any important paperwork/notices rather than sending them to the attorney.

What happens if someone owes you money?

If someone who owes you money files a bankruptcy petition, you will receive a notice requiring you to file a proof of your claim in the bankruptcy court. Even if you have no security interest—a lien or mortgage—in property owned by the debtor, there may be some assets that can be sold to pay part of the debt owed to you. If your lawyer fails to file this claim within the time provided in the notice, you will probably forfeit any amount that you otherwise might have recovered from the bankruptcy estate.

How long do you have to appeal a judgment?

However, your lawyer must file a notice of appeal within 30 days after the judgment is final. Failure to appeal within 30 days terminates your right to appeal, regardless of how strong your case may be.

What is legal malpractice?

Legal Malpractice. Much of the work lawyers do involves filing various documents. Often, there are deadlines by which documents must be filed. Even when there are no fixed deadlines, a lawyer’s delay in filing certain documents can permanently impair a client’s rights. You might wonder why a simple failure to file a document “on time” could destroy ...

What is summary judgment?

Summary judgment is a relatively common procedure for eliminating seemingly weak claims based on a written motion in lieu of trial. If you have a strong case or defense, you may avoid the time and expense of trial if your lawyer files a motion for summary judgment on your behalf.

Can you keep your home if you file Chapter 13?

If your home or business property is in foreclosure, filing a chapter 13 bankruptcy may enable you to keep the property if you can make payments during the bankruptcy to resolve the debt that led to the foreclosure.

What is the process of discovery in a lawsuit?

During a lawsuit, all parties have the right to request information from other parties concerning their respective claims and defenses. This process, known as “discovery,” can include requests for documents, requests for answers to written questions (interrogatories), and requests for the responding party to admit some or all allegations in the requesting party’s complaint. Responses to discovery requests are subject to time limits.

Do you have to file a lawsuit in Ohio?

As you probably know, a lawsuit must be filed before the statute of limitations expires. In Ohio, statutes of limitations apply to every type of lawsuit a client might want to file. Statutes of limitations vary, depending on the nature of the lawsuit. If a lawsuit is not filed within the applicable limitations period, the client loses the right to pursue that claim.

What happens if a lawyer does not fulfill his or her obligations?

If a lawyer does not fulfill those obligations then a client might be able to seek recourse for the lawyer’s behavior. Therefore, it is important for clients to understand what their lawyers’ obligations are and what they can do if those obligations are not met.

What is the responsibility of an attorney?

An attorney has the responsibility to provide competent representation to each client. That means that the attorney must have the legal knowledge and skill to represent the client in a particular matter and be thorough in his or her legal preparation.

What is the ABA model?

The American Bar Association (ABA) has set forth Model Rules of Professional Responsibility. Since many states use the ABA’s model rules to fashion their own professional rules for attorneys, the information used in this article is based on the ABA’s model rules. It is important to check with your state’s attorney regulatory board ...

David Keith Greer

If he did not file a timely response brief, no further action is required. The court should not consider it., and the case will then be scheduled for oral argument. If he appears at oral argument, most appellate courts have a "no writing, no talking" rule.#N#More

Fred T Isquith

A motion to grant the relief in the appeal on the grounds of default or failure to comply with the court schedule to file opposition papers.

John Beardsley Ertle Jr

An appellee is not required to file a brief and it does not affect the case. They don't get to say anything at the oral argument, though. The Appellate Court will look at your Brief and legal argument and its law clerks will do their own research on the law, and that's what will be used for them to decide whether the trial court acted correctly.