Solicitor only performs actions when I keep emailing, is this standard?

St1mpMeister

I've seen a few posts on this forum already about "slow solicitors" so perhaps my question has already been answered, but my solicitor only appears to perform actions whenever I keep emailing for updates.

As an example, my last contact with him was to arrange a call the following week with the barrister that will be handling my active Circuit Court filing (the other side has provided their counter-defence). The point of the call was to discuss the counter-defence and what the next steps will be. All was agreed and I asked for him to arrange a callback the following week.

That was at the start of September.

Haven't heard a peep since, even just to apologise that the call would need to be delayed. Of course if I email him today I'll get a reply to say "Sure, let's do the call this evening", but I wanted to see what happens if I don't keep the pressure on and if he would actually be working the case in the background. It seems not.

So is this the norm? Are you supposed to keep the ball rolling by constantly keeping the solicitor under pressure by non-stop emails?

The case has been going on now for 2 years and I wonder now if it would all have been wrapped up in 6 months if I'd been aggressively pushing it. I naturally assumed that he would have been working it in the background, not just when I was requesting updates.

St1mpMeister

I'm considering just waiting until January or even March at this stage and follow up with "... so about that phone call we planned in September..."

Do circuit court cases have an "expiry date" by which something needs to be actioned or otherwise it's thrown out due to inactivity?

phildub

The pharse "counter defence" confuses me, are you the defendant or the plaintiff in this matter?

To answer your question this is your case not your solicitors, you have hired them to act on your behalf and they work on your instructions. If you want something to happen with your case ring them and tell them your expectations. You're planning on sitting on your hands and them blaming them for doing the same thing.

Your case won't just disappear from the circuit Court but depending on which party your are to the proceedings the other side could bring a motion to have the matter dismissed.

Claw Hammer

Are you paying by the hour or is it a no foal no fee deal?

St1mpMeister

Paying hourly... and no I wasn't sitting on my hands I made it clear that I expected them to call me back the following week once they were available.

Am I then expected to contact them on Tuesday the following week and say "Call me back once available"

And then the next day "What is the latest?"

and the next day "What is the latest?"

As that seems to be the way it goes... if I had hired someone to work on a website for me, I'd usually expect them to be actively working in the background and contacting me with updates or even to let me know they needed further instruction.

So I assume this is the norm then.. which was my original query. In other words you need to constantly press to keep the momentum going.

chunkylover4

https://www.boards.ie/discussion/comment/119901960#Comment_119901960

It depends on the solicitor. In your case it seems it might be helpful to seek periodic updates. In particular it might be helpful to ask your solicitor what the next steps are. It seems that a defence and counter claim has been filed or maybe a reply to defence and counter claim. There may need to be discovery before the matter is set down for trial. Your solicitor should be able to give you next steps even if they can not give a definitive timeline.

ittakestwo

If there is a circuit court filling. Are you not just waiting for a date of hearing?

I am in a similar situation. Have an action pending. I am under the impression that i am just waiting to hear when the case will be heard in court?

St1mpMeister

Probably just need to repeatedly check with your solicitor (and get charged for the privilege)

I often wonder if they do this specifically to try to get you to pay more