How Long Does It Take For a Lawyer to Review a Case | Expert Guide
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Reviewing a case before its adoption helps lawyers process the case well. Sometimes, the lawyer faces cases that are not of their interest. In such a case, the lawyer may face remarkable failure. So, lawyers think it is a part of their duty to review the case deeply before deciding to take it. It may take different times to collect all the important data about the case through different means. Also, different cases may take different times for proper review. “How long does it take for a lawyer to review a case?” is an important query that may resolve much confusion?
Malpractice lawyers take a lot of time to decide, and they will never rush the process. A lawyer may ask for medical records, which can sometimes delay things by up to 2 weeks (or more).
Keep in mind that the plaintiff and the lawyer also have to struggle to prepare for the court trials. This may consume their time and also money. If the lawyer, unfortunately, fails to win the case, his effort ends in nothing. So, a lawyer tends to review any case before he adopts it.
To learn all about the time and process of the case review, you should have to dig into the law field deeply. This may take your precious time, and you’ll have to struggle too. To make your research easy, we’ve done this job for you. So, let’s unveil all the facts about the case review.
Lawyer’s Case Evaluation Time
Most lawyers take almost 5 to 6 weeks to evaluate any case based on evidence and supporting material. Before adopting any case, you may know that a lawyer must observe all aspects of a proper proceeding. Without this step, the lawyer may fail to get the case well. So, 6 weeks are justifiable for a lawyer as this time is reasonable for a case review. Here is the division of this time.
First 2 to 4 Weeks
Before adopting any case, a lawyer must clear the medical report of the plaintiff along with other factors. Getting the medical records of the client may take 2 to 4 weeks. The lawyer will manage all the medical reports and records to process them for review by the expert physician.
Next 2 to 3 Weeks
After collecting the medical record, the lawyer will process it to the expert legal physician for review. The physician may take 2 to 3 weeks to complete the process. First of all, he will explore all the facts about the case via medical reports. Then he’ll discuss all that he gets with the relevant lawyer.
Lawyer’s Evaluation
Based on his understanding and the physician’s reviews, the lawyer will evaluate the case deeply. After a thorough evaluation of the case, the lawyer will decide whether to adopt this case or not. If the case is according to the interest of the attorney, he’ll take it. Otherwise, he’ll refer the case to any other expert attorney.
Is Your Lawyer Taking More Than 6 Weeks for Evaluation?
From the above discussion, it’s clear that six weeks of the case review are justifiable for any lawyer. However, if the lawyer is taking more than the given time, you should ask him why he’s taking much time. You can get updates from the lawyer about the case in the following way.
Contact Your Attorney
After providing the lawyer with all the essential details and documents, you should let the attorney do his work. After each week or at least after two weeks, call your attorney and ask about the case proceedings. If he’s going according to the procedure as mentioned above, it’s good. Otherwise, your lawyer is not showing interest in your case.
Question about the Delay
If you received a vague reply from your attorney, it means he’s not processed your case yet. Ask him about the case and try to find out the reasons behind no processing. At this point, if he has some acceptable reasons for the delay, let him work on the case.
Poor Response on the Part of Lawyer
Besides contacting them each week with your lawyer, contact him after the estimated review time. If he has processed the case; otherwise, ask him whether anything is missing or incomplete. If yes, provide him with all the necessary details.
However, if the attorney is not answering your phone calls properly, it means he’s not interested in your case. In such a situation, leave that attorney and search for a new one for processing your case in court.
How do Lawyers Evaluate a Case?
As mentioned above, reviewing a case before deciding to take it is important for any lawyer. Cases adopted without a proper evaluation may cause trouble for the lawyer. Moreover, such cases are always at risk. So, an attorney tries his best to review the case from every perspective before adopting it. Here are some facts that lawyers keep in mind while finalizing a case.
The Medical Records
The foremost thing that a lawyer explores, in any case, is the medical record. It may take 4 to 6 weeks to check the medical record. The lawyer gathers all the important medical data regarding the case for a proper proceeding of the case.
Physician’s Consultation
After gathering the medical records, the attorney will process them for the expert physician. The physician will take some time to review them. After a thorough study of the medical reports, the physician will make a final decision. After finalizing his results, the physician will discuss the final reports with the attorney. The attorney will decide whether to take the case or not based on the physician’s advice.
Client’s Psychology
Another important thing that means a lot for the attorney while taking any case is the nature of the client. If he finds the attorney responsive and responsible, he’ll take the case. Also, the financial situation of the client matters to the lawyer. He’ll decide whether to take a case or not after evaluating the client’s psychology. If the client seems confident, the attorney will tend to take the case and vice versa.
The Nature of the Case
The attorney will check the nature of the client’s case. If he finds that his claim is genuine, he’ll get the case. The lawyer will try to explore the history of the case. Also, the evidence regarding the case means a lot. Without proper proof, the lawyer may not get any case. It’s the plaintiff’s responsibility to make a neat and clean file having all the important consequences of the case. He should provide all the essential documents to the attorney. If all these things are okay, the attorney will take the case.
The Damage of the Plaintiff
Some attorneys take the cases on a contingency basis. In such a situation, the plaintiff claims some damage to his property. He files a case against the person to fulfill the damage. The attorney, in such a case, usually works on a share from the retrieved amount. So, in such a case, the attorney will decide the case based on the damage amount.
Frequently Asked Questions
Why won’t the attorney take my case?
Many reasons may compel an attorney to leave a case. If the case is not of the lawyer’s interest, he’ll not take it. Also, if he thinks that he can’t win the case, he’ll leave the case. The attorney will refer your case to any specialized attorney who can proceed well in such a case.
How do lawyers decide to take a case?
There are many aspects that a lawyer observes before deciding to take a case. Out of all the essential things, here are some facts that a lawyer will see while taking a case.
- nature and psychology of the client
- nature of the case
- medical or other essential records about the case
- amount of the damage, mostly in contingency cases
How long does a typical lawsuit take?
Lawsuits take a lot of time for a reasonable conclusion. After hiring an attorney, it may take at least one year and a maximum of five years for a settlement.
How often should your lawyer update you?
If your case takes much time, the lawyer should tell you about the case’s situation at least after one month. However, your trials are imminent; your lawyer should move with proper consultation with you.
Do Lawyers lie about settlements?
Court settlement negotiations are one of those aspects of the case that need to remain confidential. During the trial, the settlement negotiation may prove right or wrong. So, if kept confidential, these will remain privileged. However, despite all the confidential conditions of the settlement, the lawyers cannot lie about it.
Conclusion
For an attorney, deciding whether to take a case or not is a time-killing decision. This is the turning point of any case. If the lawyer takes the case after proper evaluation, he’ll proceed in a better way than a case taken without proper review. So, if your attorney takes 4 to 6 weeks to evaluate your case, let him do his task. But if he is taking more time, ask him about it.
References
- https://www.healthit.gov/buzz-blog/electronic-health-and-medical-records/emr-vs-ehr-difference
- https://www.drugwatch.com/health/how-to-obtain-medical-records/
- https://www.bls.gov/ooh/legal/lawyers.htm
- https://www.thebalancecareers.com/medical-malpractice-lawyer-2164278
I’m a driven and accomplished law graduate and post-graduate, passionate about sharing my legal expertise via my blog. I hold a Bachelor’s degree in Law from the University of London (UK) and a Master’s in Law from the University of Derby (UK). Both gave me the foundational knowledge and skills to excel in my chosen career path.
Throughout my academic journey, I have gained extensive knowledge in various fields of Law, including Corporate and Business Law in the USA, Criminal Law, International Law, US Copyright law, and most importantly, American Constitutional law.
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