It seems that nearly every client complains at how long the legal process can take. To those of us who deal regularly with the court system, the delays are just par for the course. But I do understand the frustration that people feel when they have a problem that urgently needs a solution and they have to wait weeks or months for a judge to make a decision. This is especially frustrating when the facts are not really in dispute and the solution is obvious. For example, a landlord looking to evict a tenant for not paying rent may have to wait a month or so for the process to navigate its way through the court system even though the tenant never disputes owing the money.
Personal injury lawsuits or other forms of civil litigation can take a year or more. This is especially true when insurance is involved. The insurance company may wish to stall for time earning money on the amount they anticipate paying out. If the lawsuit is complex, it may takes several months for all the documents and other evidence to get into the lawyers hands and be analyzed.
Criminal matters generally have a short time frame. Our Constitutional right to a speedy trial guarantees a person charges charged with a felony a trial within 180 days. Of course, there are ways for this to be extended lawfully. For example, if the defendant agrees to adjourn a particular hearing or if he/she agrees to take a court ordered competency exam.
From an attorney's standpoint, delays can be frustrating. We would like to "close the file" and move on. Our time is limited and we want happy clients who can move on wit their lives. There is not much we can do to speed up the process. We do have an ethical obligation not to cause unnecessary delays but there is no bright line on when a delay becomes unethical.
Sometimes we like to have things take a little time so we can fully investigate the law and the facts on our case and be more prepared when we do go to court. No attorney likes be thrown into a case at the last minute. Relying on incomplete facts because things are hurried is doing the client any favors.
The best thing a client can do to help the process move along is to hire an attorney as early as possible on the case. After that, make sure you give him or her all the relevant information needed. That means disclosing bad facts. It is far better to hear them from you than from the other party's attorney. Bad facts can be dealt with. Missing information is like an unseen iceberg. And finally, be open to settling your case before trial. That is probably the best way to get a speedy resolution.
Ryan Maesen
Criminal lawyer, real estate lawyer in Grand Rapids, MI
www.maesenlawfirm.com
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