Legal Question in Legal Ethics in Arizona

how long does it usually take to get a court date.

my problem is of a civil matter.the actal case is not the issue.my problem is with my lawyer.i paid a retainer with this law firm.i was assigned a lawyer. we appeared on the pre trial date.since that date,my original lawyer left the firm for another.there in lies my problem.the new attorney seems uninterested in my case. it has been 11 months and still havent got a court date. is there anyone who can help.or maybe someone i can call to see if a request for a court date has been filed.i would hire a new attorney but already have 1500 invested in this one. please help


Asked on 1/21/98, 2:42 pm

1 Answer from Attorneys

Stanley Spring Spring & Spring, LLC

Waiting on a court date

Before you do anything, you might consider calling you lawyer, making an appointment with him/her and sitting down and discussing your case and your concerns directly. Different states operate differently. For example, some states have court dates and hearings set exclusively by the Clerk of Court. In those states the lawyer generally has little if no control over getting a court date. Other states have a procedure where the lawyer actually confers with opposing counsel and the judge on the case and set the dates for various hearings and then trial after certifying to the court that the case is ready for trial. This is important since it very well may be that a court date might be something over which your lawyer has little or no control. If your state has hearings and trials set by the lawyers, you need to know that as well. You mentioned that your original lawyer left the firm and a new lawyer is now handling your case. You should sit down and talk to the new lawyer. If you're still not happy, ask for a bill for services rendered because you might have a credit. Your State Bar association should help you with specific information on fees, credits, and should you decide to get a new lawyer whether or not you might be entitled to a credit and a return of any unused retainers dependent upon your contract of representation which is generally state specific. If you've got a problem I would suggest you sit down and be open with your counsel and just tell them about your concerns. If you're not happy with the answers you get, ask for a statement to show whether or not you've got a credit with the law firm.I hope this helps.

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Answered on 1/27/98, 9:32 am


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