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December 13, 2009

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The defendent lawyer is not responding within time?

Filed under: trial lawyer — admin @ 1:54 pm

Hi My lawyer want to book trial dates and he sent a consent letter to defendent lawyer and now almost a month the defendent lawyer did not reply yet.My lawyer also send a reminder notice but he did not reply.
Please tell me what is my next step or what can I do ?????
Thanks for your answer and I got a driection such a bad time with the insurance companies. They make the law only for common people and for the Insurance they always break it. Who is going to fight with those insurance companies

4 Comments »

  1. After a reasonable amount of time and effort, your lawyer can contact the court and schedule the dates without defendant feedback. If the hearing occurs and the defendant does not appear the case will be judged in your favor.

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    Comment by jslinderml — December 13, 2009 @ 1:54 pm

  2. May be best to call the defendnat lawyer to discuss. A 5 minute talk could solve the problem.

    Maybe for that issue, the lawyer isn’t obligated to reply.

    For serious complaints about a lawyer, you could talk to the law society.

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    Comment by DR — December 13, 2009 @ 1:54 pm

  3. Okay, YOU have a lawyer? And the defendant’s lawyer is not replying? Do NOT take it upon yourself to contact the defendant’s lawyer. You may well destroy your own case. That’s what you have YOUR lawyer for. And he is the one who should be telling you what the next step is.

    He has to serve a summons on the defendant to give him the right to answer your complaint in court. As a courtesy, to make sure that the defendant can’t claim he didn’t know, is to follow up with a reminder. After that, your attorney needs only to continue to book the trial date. If the defendant does not show up, you will win by default. If the defendant DOES show up, then apparently he was reminded, and the case will continue for litigation.

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    Comment by demos_jones — December 13, 2009 @ 1:54 pm

  4. You should discuss this with your lawyer he knows best.
    I would show up in his office, and demand that he acknowledges reception of the notices. And offcourse, threaten with a complain to the Law Society. That’s the best way to do it if he hides that much ;)

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    Comment by Mooshie_R — December 13, 2009 @ 1:54 pm

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