Legal Question in Personal Injury in Illinois

in a pesonal injury case where the statue of limitations is 2yrs, at what point is the lawyer obligated to send the plantiff written correspondance of steps taken, and a breakdown of what they are suing for?


Asked on 9/17/10, 12:11 pm

5 Answers from Attorneys

Kelly Bennett Bennett Law Offices

It sounds like you need to call your attorney to discuss. There is no formal "obligation", but obviously if you have questions, you would be well advised to call your attorney.

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Answered on 9/22/10, 12:27 pm
Nima Taradji Taradji Law Offices

There is no such obligation. If you have questions about your case, call your lawyer--he is not the enemy! Call him and discuss the case. Don't call every day, don't call every two weeks asking for status-your lawyer will soon avoid your calls if you do that. Call every 3 months or so and get a status. If nothing has changed, don't automatically assume your lawyer is doing nothing--legal proceedings are slow and painful.

I hope this helps-

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Answered on 9/22/10, 12:56 pm
Sal Sheikh www.BetterCallSal.com

I agree with both of the above attorneys.

If you already have an attorney, make an appointment to visit them in the office and ask them about want you want to know.

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Answered on 9/22/10, 1:09 pm

There is an obligation for the attorney to keep the client reasonably informed. There is no set requirement concerning how often, etc. Every case is different and every client is different. Call your attorney and ask what is going on. If he or she is unavailable, most attorneys will call back promptly. If he or she doesn't, then you need to reconsider who your attorney should be.

Good luck

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Answered on 9/22/10, 1:56 pm

Certainly before any settlement or during negotiations.

The rules state that a lawyer shall be diligent and prompt and the rules provide (as the other attorney correctly states) - a lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. So you need to request the information you seek. Call her or him and/or make an appointment to discuss your case.

Also, a lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Meaning they should communicate with you so that you can make the proper decisions and remain informed.

If a lawyer represents you now, she or he may have already explained what you will be suing for before you agreed to sign up with her or him. Then when she or he makes any demand to settle or during settlement negotiations she or he would want to consult you before trying to settle for a certain sum. Also, if and when they take the question of damages to a fact finder, like a jury, (when the attorney seeks specific damages on your behalf at a trial), you should be informed again and even asked to review and perhaps approve the proofs before she or he proceeds to a jury trial.

Open and honest communication is important in any attorney client relationship.

Adopted February 8, 1990, effective August 1, 1990.

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Answered on 9/23/10, 3:24 pm


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