Laguna Niguel, CA asked in Employment Law for California

Q: usually how much time lawyer need to file a case to the court after taking the case please ?

after 4 weeks my attorney still did not file my case and he said he is researching .....! is this a right excuse ?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: The answer to your question depends on many things not knowable by us from your post. There can be many very good reasons why your complaint has not been filed after 4 weeks. In some cases it might take my firm a couple of months to get documents from various sources, do the legal research on various claims, perhaps locate and interview witnesses and do several other things before the complaint is filed.

If you do not think the researching answer is accurate, ask the attorney to explain. However, know that litigation involves a great deal of delay, and you are going to need to be patient if you are going to get to the other end of it without pushing a good attorney away and having anxiety.

By the way, at my firm the average time between engagement of the client and filing of the complaint is about 6-8 weeks, and much longer if the agreed goal is an attempt at pre-litigation settlement discussions. We do a great deal of work up at the beginning to make sure the allegations of the complaint are accurate and our ducks are in a row regarding available evidence. And none of the complaints we file are carbon copies of others. Each contain similar language in parts, and uniquely different other parts. Four weeks is not indicative of problems with your attorney.

Good luck to you.

Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: The more important question is what is the statute of limitations for your claims. Your lawyer is obligated to file before the time limit to file your claim has run. 4 weeks is actually a very short time in litigation. Ask your lawyer what is the time limit to get your case filed before you start worrying. Further, your lawyer is likely spending time pulling together the evidence, facts and law. There may be an effort for pre-litigation settlement.

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