I would, however, follow up with your attorney to make sure your understanding of the law is accurate. Eight days is probably pushing it for a 'reasonable' response time; but that really depends on a few things, including how urgently a response is required for action.
Eight days is probably pushing it for a 'reasonable' response time; but that really depends on a few things, including how urgently a response is required for action.
Reasonable Time. In the absence of an express or fixed time established by the parties to an agreement or contract (especially one that falls under the purview of the Uniform Commercial Code [UCC]), any time which is not manifestly unreasonable under the circumstances.
Under commercial law, Uniform Commercial Code UCC 2-206 (2) requires that acceptance of an offer be made within a "reasonable time" if no time is specified. Generally the reasonableness or unreasonableness of time used or taken by a party are made subject of judicial review.
Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.
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.
If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face.
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.
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...•
Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.
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.
Inadequate representation can be grounds for an appeal If your attorney made significant breaches in their duty to you, like failing to show up for court, not knowing legal precedent related to your case or failing to advocate for you, that could give you grounds for an appeal.
Returning a client's phone call is not an efficient use of their time. Often, if you get a return call at all it is a paralegal assigned to the case, and often this paralegal cannot answer many of the legal questions you may have.
The bottom line is that this is generally one of those cases where “no news is good news” because it means your attorney is working on your case. The only time you should get concerned is if you need to speak to your attorney and you cannot get through nor have you received a return call.
Regular communication between a lawyer and their client is key, but there is no exact number of times you should be calling your attorney during an active case. A simple rule of thumb is to speak with your personal injury attorney when it's necessary.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
AnswerRaise the issue early on. Establish, in advance, a clear understanding about case updates. ... Be reasonable. 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.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.
Darker, more serious colors are preferable, and bright colors should be avoided. The best colors to wear to court are “conservative” colors (white, blue, navy, gray, and the like) and to steer clear of crazy patterns and shocking fashion statements.
The answer to "how long is a reasonable time" is often not such a bright line. In your case, however, with what you describe as a very small amount of remaining work, certainly six months is too long.
By Deryn Sumner, March 15, 2017. Under the EEOC’s regulations at 29 C.F.R. 1614.605(b), complainants who are employees of the agency are allowed “a reasonable amount of official time” while on duty hours to do tasks relating to their EEO complaints.
Reasonable Time: In the absence of an express or fixed time established by the parties to an agreement or contract (especially one that falls under the purview of the Uniform Commercial Code [UCC]), any time which is not manifestly unreasonable under the circumstances. For example, if a contract does not fix a specific time for performance, ...
It is trite to say that a contract sets out various rights and obligations that the parties to it have. Generally, contracts will specify when these…
Astea (UK) Limited -v- Time Group Limited. This first instance Judgment offers useful guidance on the various factors a court might take into consideration when deciding whether a party exceeded a reasonable time in performance of its contractual obligations.
Reasonable time refers to the amount of time that is fairly required to do whatever is required to be done, conveniently under the permitted circumstances. In contracts, reasonable time refers to the time needed to do what a contract requires to be done, based on subjective circumstances.
Other factors considered by the court while determining the unreasonable delay in performance include prior dealings between the parties, business routine or custom within the trade, and whether there were any objective manifestations of expectation expressed between the parties.
Unless there are extenuating circumstances such as your attorney being in trial or be out of town on an emergency, eight days is, in my opinion, too long to wait for an answer. I would, however, follow up with your attorney to make sure your understanding of the law is accurate. More
Eight days is probably pushing it for a 'reasonable' response time; but that really depends on a few things, including how urgently a response is required for action. The most common complaint that clients have about their attorneys, I've heard, is that we don't communicate quickly enough. There are a couple possible reasons...
When you do talk with your attorney your stated concerns need to be addressed satisfactorily. If your are not satisfied after a fair and open conversation, then you may well want to consider changing counsel. I would give your attorney a fair opportunity to respond to and address your concerns. Good luck.
There is no absolute time line response to this question. I will assume you have retained a private criminal defense attorney to represent you in criminal court.
In the absence of an express or fixed time established by the parties to an agreement or contract (especially one that falls under the purview of the Uniform Commercial Code [UCC]), any time which is not manifestly unreasonable under the circumstances. For example, if a contract does not fix a specific time for performance, the law will infer (and impose) a reasonable time for such performance. This is defined as that amount of time which is fairly necessary, conveniently, to do what the contract requires to be done, as soon as circumstances permit. The term "reasonable time" has other (related) applications: UCC 2-206 (2) requires that acceptance of an offer be made within a "reasonable time" if no time is specified.
The reasonableness or unreasonableness of time used or taken by a party may be the subject of Judicial Review in light of the nature, purpose, and circumstances of each case.
Reasonable time refers to the amount of time that is fairly required to do whatever is required to be done, conveniently under the permitted circumstances. In contracts, reasonable time refers to the time needed to do what a contract requires to be done, based on subjective circumstances.
Other factors considered by the court while determining the unreasonable delay in performance include prior dealings between the parties, business routine or custom within the trade, and whether there were any objective manifestations of expectation expressed between the parties.