Can a lawyer prolong a case?
Asked by: Geo Braun | Last update: December 30, 2025Score: 4.4/5 (35 votes)
Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys.
What are good reasons to ask for a continuance?
- 1. Not having an attorney or not having had the time to look for an attorney.
- 2. Illness of party or attorney.
- 3. Attorney having an unexpected event occur in another case that would cause them to be unable to attend.
- 4. Family emergency.
- 5.
How long can a lawyer continue a case?
The length of the continuance depends on the situation and generally can be no longer than is “necessary.” A defendant might ask for several months to prepare for trial. But if a witness gets sick, a continuance of a few days might suffice.
How long can a lawyer hold your settlement?
Typically, this process takes about 1-3 weeks. However, complex cases with multiple liens or disputes might take longer. Moreover, some states have specific timeframes; for instance, California has a 30-day rule for medical liens. The check must also clear at the bank, which can take several days.
Why is my lawyer delaying my case?
It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.
Why A Lawyer Won’t Take Your Case
Why is my lawyer taking so long to settle my case?
Complexity of Case
If there are multiple parties involved, conflicting accounts of what happened, or extensive damage, the team may take longer to ensure they've gathered all of the evidence, talked to witnesses, and come up with a fair settlement.
Can my lawyer postpone court date?
If you have an unfavorable judge on a given court date, your attorney will try to reschedule with the hopes of getting a better judge on the next date. If you have a favorable judge, your attorney will be more inclined to proceed and try to win at trial.
Can I sue my lawyer for taking too long?
If you find yourself asking, “Can I sue my lawyer for taking too long?”, the answer is yes, you can sue your lawyer for taking too long if their delay constitutes legal malpractice and caused you a financial harm.
What is the longest a settlement can take?
What is the longest a settlement can take? The duration of a personal injury settlement can vary dramatically, with complex cases potentially taking several years to resolve, though there's technically no absolute maximum time limit beyond the statute of limitations.
Why is my lawyer holding my settlement?
One reason for a delay in receiving your settlement funds might be the time it takes to deduct certain amounts from your gross recovery. These amounts might include: Your legal fees. Your lawyer will almost certainly calculate your legal fees as a contingent fee based on a pre-agreed percentage of your winnings.
Do lawyers prolong cases?
A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client. In representing a client, a lawyer shall not use means that have no substantial* purpose other than to delay or prolong the proceeding or to cause needless expense.
Do both parties have to agree to a continuance?
Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date. With the current public health crisis, judges may be more sensitive to health concerns and more lenient in granting continuances.
What is a good cause for continuance?
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
Can a continuance be denied?
Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant's rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.
Is a continuance good or bad?
Because continuances delay the resolution of a case, judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request.
What's the most a lawyer can take from a settlement?
Whatever the amount is, your law firm will charge you on a contingency fee basis. This means they will take a set percentage of your recovery, typically one third or 33.3%. There are rare instances where a free case is agreed to by the representing lawyers.
What to do with a $100,000 settlement?
- Pay off any debt: If you have any debt, this can be a great way to pay off all or as much of your debt as you want.
- Create an emergency fund: If you don't have an emergency fund, using some of your settlement money to create one is a great idea.
Why do lawyers drag out cases?
Delaying the trial can serve many purposes. If the delay is based on proper reasons, it may allow the defense and the government to adequately prepare for the trial. For example, both sides can have ample time to gather and review evidence in the case.
How do I know if my lawyer is bad?
Any behavior that compromises professionalism, such as rudeness, tardiness, or lack of respect for client confidentiality, should raise concerns about the lawyer's competence. Additionally, ethical misconduct or disciplinary actions by regulatory authorities may indicate a lack of integrity and competence.
How do you ask your lawyer for an update?
Send a Formal Letter or Email: Draft a professional letter or email expressing your concerns about the lack of communication. Clearly state that you expect regular updates on your case and specify how often you would like to be informed. This can sometimes prompt a response from your lawyer.
Why does my lawyer keep pushing my court date back?
Other times, each side might have requested a delay for its own reasons at various times - for example, an attorney might need time to gather more evidence, or a witness might not be available for trial on that date, or there might be a scheduling conflict.
How long can you prolong a trial?
There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant's claim that their right to a speedy trial is being denied.
What happens if your lawyer is late for court?
The majority view is that the tardiness of an attorney is an indirect or constructive contempt. The attorney's absence is not deemed to occur within the presence of the court, hence notice and a fair trial are re- quired.