Current Events > Is it common for lawyers/attorneys to wait until the last minute to file stuff?

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Solar_Crimson
05/23/17 4:21:50 PM
#1:


We get too many calls on our helpdesk call center (which is a really small one, with only up to three of us answering calls) from attorneys having their filings rejected by the court clerk's office for whatever reason, and sometimes, they state that whatever they're filing needs to be in by 4:30pm that day.

In our case, this is exacerbated because our helpdesk is really supposed to be an internal IT support line, but due to circumstances, we also have to take calls regarding the court's online filing system and write up tickets and send them to the team responsible for handing those issues.

A lot of these calls come in towards the end of the day, so if they call after 3:30pm or especially after 4pm, they're out of luck, because the people who actually can help them are gone for the day. Which of course will screw over both them and their case if they don't get it in on time.

Maybe I don't know what an attorney's work load is like, but perhaps they should file their stuff much sooner to avoid issues like these.
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eston
05/23/17 4:23:05 PM
#2:


They are humans, which means they procrastinate like anyone else
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KILBOTz
05/23/17 4:27:31 PM
#3:


easier to claim bullshit hours on a case when you wait until the last possible second to file.
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The Admiral
05/23/17 4:28:56 PM
#4:


Yes.
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frozenshock
05/23/17 4:58:31 PM
#5:


I worked in three law firms

All of them have been extraordinarily messy. The files completely disorganized. The senior partner confusing one client with another one, etc.

Of course things get filed at the last minute, and often late. And then of course they charge extra to file a motion to allow them to file late. I guess it pays to be incompetent.
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Solar_Crimson
05/23/17 7:37:22 PM
#6:


Wow, that's sad.

Though I'll remember to play my world's smallest violin whenever one of them start bitching or yelling at me about it, seeing as I literally can't do any more than put in a ticket about it.
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KILBOTz
05/23/17 7:41:47 PM
#7:


i mean yeah, its their fault 99% of the time they are late, they can bitch and moan all they want, not your problem. They are lawyers, the know the rules and process.
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ConfessPlease
05/23/17 7:51:19 PM
#8:


Have you made a similar topic before?
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KiwiTerraRizing
05/23/17 7:55:41 PM
#9:


We are very busy people, this stuff is scheduled to the day.
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Solar_Crimson
05/23/17 8:04:31 PM
#10:


ConfessPlease posted...
Have you made a similar topic before?

A few years ago, though it was more about the call center setup as opposed to the lawyers being late.
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whitelytning
05/23/17 8:08:32 PM
#11:


Yes.

Sometimes because lazy. Sometimes because you don't want opposing counsel to work from your filings.
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frozenshock
05/23/17 8:09:05 PM
#12:


KILBOTz posted...
i mean yeah, its their fault 99% of the time they are late, they can bitch and moan all they want, not your problem. They are lawyers, the know the rules and process.


They say they do

I used to be a lawyer.

I can tell you for a fact lawyers know a lot less than people think.
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KILBOTz
05/23/17 8:17:32 PM
#13:


oh yeah i know, mostly lawyers know how to look stuff up. but they know for filings they have to have it in by a certain time, if they don't file it what that does to their case, instances they can get continuances, etc. That is what I meant by they know rules and process, how TC interacts with them, none of it is something he could do anything to change. They know he can't do anything so bitching and moaning to him is pointless, it is just them treating him shitty, so once they go into that mode you just monotone one word reply to them.
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frozenshock
05/23/17 8:45:48 PM
#14:


KILBOTz posted...
oh yeah i know, mostly lawyers know how to look stuff up. but they know for filings they have to have it in by a certain time, if they don't file it what that does to their case, instances they can get continuances, etc. That is what I meant by they know rules and process, how TC interacts with them, none of it is something he could do anything to change. They know he can't do anything so bitching and moaning to him is pointless, it is just them treating him shitty, so once they go into that mode you just monotone one word reply to them.


For the run-of-the-mill stuff, yeah. But "when to file things" isn't always clear without looking it up. There's all kinds of funny laws.

For example, in Quebec you have a statute called the "Press Act." It says that if you want to sue a newspaper for libel you have three months to file following the publication. BUT, you also have to send them a notice within three DAYS of publication asking them to retract.

I've known a lawyer with 15 years of experience to receive a client who wanted to sue a newspaper, and the lawyer just made a note in his diary to follow up. We're not in a hurry, we have three months to serve and file the lawsuit.

Oops. He forgot about the three days. Client lost his case.

See:

http://legisquebec.gouv.qc.ca/en/ShowDoc/cs/P-19

Not very hard to read. But you have to know it exists.
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