Why is my lawyer dragging my case?

Asked by: Kaylie Kautzer  |  Last update: February 11, 2025
Score: 4.9/5 (8 votes)

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 would a lawyer drag out a case?

Many Lawyers Believe That Working the Case Up Further Can Increase a Settlement. Your attorney may take their time to secure important information that can potentially increase the worth of your case.

Do lawyers drag out cases to get more money?

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

Why is it taking so long for my lawyer to settle my case?

Lawyers take time to settle a case for countless reasons. Firstly, the criminal method entails thorough investigation, file review, and negotiation, which can be time-consuming. Secondly, courtroom schedules and the backlog of instances can lead to delays.

Is it bad if your lawyer drops your case?

Lawyers withdraw from cases all the time, and it usually does not impact the judge's perception of the client unless the client has had multiple changes in legal counsel with attorneys that have a good reputation with the court.

Why Do Lawyers Drag Out Cases?

34 related questions found

Does it look bad if your lawyer withdraws from your custody case?

A client can simply have a different point of view about the strategy the attorney is using, or there can be personality conflicts. The judge isn't supposed to infer anything from an attorney's withdrawal, just like the attorney shouldn't get a professional black eye for being fired by the client.

Do lawyers take cases they know they will lose?

If an attorney thinks they will lose based on your liability, they may turn you down. If many attorneys continue refusing to take your case, you should keep looking. It might not be a lost cause and you might be able to find a lawyer willing to take your lawsuit to court.

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.

How do you know if your lawyer is selling you out?

How Can You Tell If Your Lawyer Is Selling You Out?
  • They Regularly Miss Deadlines and Appointments. ...
  • They Show a Lack of Interest in Your Case. ...
  • They Are Pushing You Too Quickly or Forcefully to Settle. ...
  • They Fail to Return or Answer Your Calls. ...
  • They're not Transparent in Billing and Payment Practices.

Why do lawyers use delay tactics?

One common defense tactic in litigation is delay. This is particularly true in insurance coverage and bad-faith litigation. The longer an insurer holds on to the benefits, the more money it makes. The delay tactics start the moment the suit is filed.

How long can a court case be dragged out?

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.

How close to trial do cases settle?

Settlements can be reached at any time throughout the litigation process, and many cases are settled before a formal lawsuit is filed. There is an option to settle the day before or even the day of trial.

How much money do you get if you win a case as a lawyer?

Usually, a personal injury lawyer will take one-third of your final settlement offer as compensation for their work. For example, a settlement of $10,000 would result in a $3,333 payment to your lawyer and $6,667 for you to take home. Lawyers who work on contingency only get paid if they win you money.

How do you know if your case will be dismissed?

5 Telling Signs Your Criminal Case Will Be Dismissed
  • Sign #1: Procedural Errors Were Made By Police or Prosecutors. ...
  • Sign #2: The Prosecution's Evidence is Weak. ...
  • Sign #3: There are Statute of Limitations Issues. ...
  • Sign #4: Prosecutorial Misconduct. ...
  • Sign #5: The Court Has No Jurisdiction in Your Case.

Can a lawyer drop a client for being guilty?

Lawyers can refuse to defend someone for a variety of reasons, they are not likely to do so based on whether they are guilty or not guilty.

Do lawyers drag out cases to make more money?

It is the professional and ethical responsibility of lawyers to put the interest of their clients first. However, there is an unfortunate incentive in divorce proceedings: the longer the process takes, the more money the lawyers make. Does this mean most lawyers will try to drag out a case? Absolutely not.

How to tell if your lawyer is working against you?

If you feel that your lawyer is not keeping you informed about your case, is avoiding your calls or emails, or is not providing satisfactory explanations for their actions, it could be a sign that something is wrong. Review Your Case: Educate yourself about the details of your case and the legal proceedings involved.

Can my lawyer drop me without telling me?

If a lawyer and client cannot work together effectively, it can be difficult to achieve a positive outcome. In this case, the lawyer must notify the client of their intention to withdraw and provide reasonable notice to allow the client to find a new lawyer.

How do you know if a lawyer is scamming you?

For example, the State Bar of California has an Attorney Search page where you can insert an individual's name or State Bar Number to see if they really are licensed. You can also call your state Bar directly and verify that an individual has a license.

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.

Can a lawyer steal your settlement check?

Many clients think that they will get their money once they agree to a settlement. The lawyer can keep some of the money, and you might have taken several loans or have liens leaving you with nothing. High Rise Financial offers pre-settlement loans, so you can rest assured you will receive your money.

Why do lawyers drag out cases?

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.

Do lawyers care if they win or lose?

An adverse judgment against a plaintiff they represent may result in substantial damages, both to the client's interests and to the lawyer's professional reputation. This necessitates mature handling of such outcomes and understanding that wins and losses are inherent to the legal profession.

Which lawyer wins most cases?

Settings. Gerry Spence is widely considered one of the most successful trial and criminal attorneys in America. He has never once lost a criminal case — either as a prosecutor or a defense attorney — and he hasn't lost a civil case since 1969.