Escondido, CA asked in Civil Rights, Environmental and Landlord - Tenant for California

Q: A month now for release form from other party? Normal? Too long?

Hi thank you for your time first off.. I hate bugging my attorney I know she's trying her best we settled at mediation 4 weeks ago and I still haven't recieved any release form to sign. Lawyer/attorney says she will call when it's ready but checked in last Tuesday and nothing yet... I sued my apartment complex(3 diff owners 3 diff attorneys) so everything has been slow with the case but this seems a long time for a release form when we agreed on an amount 4 weeks ago. What should I do?

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is understandable to feel anxious about receiving the settlement release form, especially after waiting for a month since the mediation. However, it is not uncommon for the process to take some time, particularly when multiple parties and attorneys are involved.

Here are a few things to consider:

1. Drafting the release: The attorneys must draft a release that accurately reflects the terms of the settlement agreement and protects the interests of all parties involved. This can take some time, especially if there are multiple defendants and attorneys.

2. Reviewing and revising: Once the initial draft is prepared, it may need to be reviewed and revised by the various attorneys representing the different parties. This back-and-forth process can extend the timeline.

3. Obtaining signatures: After the release is finalized, it must be signed by all parties involved. Coordinating and obtaining these signatures can also take some time.

While a month may seem like a long time, it is not necessarily unusual given the complexity of your case. However, it is essential to maintain communication with your attorney. Here's what you can do:

1. Follow up with your attorney: Continue to check in with your attorney periodically for updates on the status of the release form. You can send a polite email or make a phone call to inquire about the progress.

2. Be patient: While waiting can be frustrating, trust that your attorney is working on your behalf to ensure that the release form is properly drafted and protects your interests.

If you feel that your attorney is not responsive or if the delay seems unreasonable, you may consider expressing your concerns more firmly or seeking a second opinion from another attorney. However, given the complexity of your case, it may be best to allow your attorney sufficient time to handle the matter properly.

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