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Typically, it's best to give the opposing party a reasonable amount of time to respond, which could range from a few days to a couple of weeks, depending on the urgency of the matter.
Send a final meet and confer letter. If you've requested dates multiple times (hopefully in writing) and still no response, unilaterally set a date. If opposing counsel then objects that he/she/the client is not available, tell them that's too bad and that they've been given multiple opportunities to set a date.
Follow up. Following up with the an opposing lawyer who is not responding is essential to maintain momentum and clarify outstanding matters. Send courteous and concise follow-up emails or letters, reiterating the urgency of the issue and requesting a prompt response.
An attorney or paralegal may feel that responding to a question within 24 or 48 hours is sufficient, while the client is stressing out about the issue and expecting a response within the hour, or at least by close of business that day.
You could start by sending a detailed, certified letter to your lawyer, outlining your concerns and the history of non-communication. In this letter, request a comprehensive update on your case and an explanation for the lack of communication.
8 Tips for Dealing with Difficult Opposing Counsel Point out Common Ground. Don't be Afraid to Ask Why. Separate the Person from the Problem. Focus on your Interests. Don't Fall for your Assumptions. Take a Calculated Approach. Control the Conversation by Reframing. Pick up the Phone.
Generally speaking, in the US, an opposing attorney does not owe you a duty that would give rise to a claim for legal malpractice. You might have some other claim against them, but not malpractice.
Complaint forms can be obtained by telephoning the Attorney and Consumer Assistance Program (ACAP), as explained above, or by submitting a written complaint using the form available below. Office of the Bar Counsel. 1 Beacon Street. Floor 10. Boston, Massachusetts 02108. Telephone Number: (617) 728-8750.
8 Tips for Dealing with Difficult Opposing Counsel Point out Common Ground. Don't be Afraid to Ask Why. Separate the Person from the Problem. Focus on your Interests. Don't Fall for your Assumptions. Take a Calculated Approach. Control the Conversation by Reframing. Pick up the Phone.
All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing. The court, or a judge thereof, may prescribe a shorter time.
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