I Haven’t Heard From My Lawyer in Two Months!

I was hurt in a car accident early last year and hired a lawyer to help me with my case against the other driver.  The case has been pending for over a year.  There doesn’t seem to be anything going on.  My lawyer said that there would be depositions but they haven’t occurred yet.  We do not have a trial date.  I have been calling the lawyer to find out what is going on but despite 5 calls in the last two months I have not gotten a response.   What is going on?   What should I do?

There may be a legitimate reason why depositions have not been taken if your lawsuit has been pending a year, but absent very unusual circumstances depositions of the plaintiff and defendant in a two-vehicle car wreck case should be taken within six months after the case has been filed unless they have been deliberately put on hold pending settlement discussions.  However, if this is your lawyer’s plan, he or she should communicate that plan to you so that you know what is going on.

Likewise, there is no excuse for a lawyer (or someone on the lawyer’s behalf) not to return a phone call within one business day.   If a lawyer is out of town or in a trial he or she may not be able to get back with you promptly, but should have an assistant call you and advise you of that fact.

I suggest that you make an appointment to meet with your lawyer and express your concerns in person.   If the lawyer doesn’t meet with you or does not respond appropriately to your concerns, you need to find a new lawyer.