Legal Question in Civil Litigation in Illinois
Is My Attorney Doing All He Can?
On March 13th of 2004 My motorcycle was stolen, through a potential buyer, who took advantage of a deal we had made, and closed out the account holding the money after taking possession of the motorcycle. I hired an attorney, and over a year has passed, I found the defendant, I provided enough evidence that the defendant and his attorney agreed to settle, that was nearly 120 days ago, given that this is a civil case... How long must I wait for a settlement?
Do I have any rights to give a LEGAL deadline? My attorney keeps saying, that it takes a long time, and until we hear back from the defendants attorney to discuss the settlement, we can only continue with litigation. To me this case seems open and shut. How long should I count on waiting? I have been paying the monthly payments every month while the defendant has my stolen property (assuming he still has it). What are my options here, or do I have to just hope, pray and wait??? Thank you so much for the information. I am tired and frustrated, and just trying to get a second opinion.
3 Answers from Attorneys
Re: Is My Attorney Doing All He Can?
If it is an open and shut case your attorney can make a motion in court for summary judgment on written affidavits.
Re: Is My Attorney Doing All He Can?
It sounds like your attorney is correct. If they are not settling in a timely fashion then you should file suit and pursue litigation. If they truly want to settle, you may withdraw the litigation upon the signing of a settlement agreement. However, if you prefer to give a deadline to settle or you will file suit, you may do this as long as you are within your statute of limitations in which to recover on your claim. It is important you discuss this issue with your attorney.
Re: Is My Attorney Doing All He Can?
It appears the problem you have is a communication problem between you and your attorney. Your attorney should be able to explain to you why settlement has not occurred, and why litigation is necessary. Ultimately, the decision to litigate or not to litigate is yours (the client's), much like the decision to settle or not is yours. Of course, such decisions should be informed ones, and that depends on whether or not your attorney educates you on the issues and the reality of the pros and cons of your case. Good luck.
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