QUESTION
How long does it take to prepare subpoenas?
Asked on Dec 03rd, 2013 on Divorce - California
More details to this question:
I have been trying to move my divorce case since January. I've paid my retainer fee but nothing since then because my lawyer has put my case on the back burner for whatever reason. There’s a very little correspondence about my case and it's like pulling teeth to get an update. In June, we sent request for interrogatories. Opposing parties haven't responded. A letter was sent in September, still no answer. I asked my lawyer what was the next step and was told that subpoenas have to be served to my ex husband’s HR department. I recently asked for status on my case and was told that was still working on subpoenas.
3 ANSWERS
Family Law Attorney serving Walnut Creek, CA
at
Law Office of Jon Rathjen
Update Your Profile
The short answer is that "it depends". The more valuable answer is to a different question- how does your retained counsel maintain communications with you? having been through a divorce myself, and practiced for over 35 years, I can tell you that in my opinion the most important aspect of the attorney client relationship in divorce cases is the degree to which the attorney (who is after all the professional) keeps the lines of communication open. Regardless of whether the subpoenas should have taken as long as they have (and almost certainly they shouldn't; except in extraordinary cases I can turn out s subpoena within 24 hours) it seems clear that your counsel is not doing a very good job of keeping you informed.
Answered on Dec 06th, 2013 at 7:24 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
If the other side did not respond to interrogatories, your attorney should have filed a motion to compel and asked for attorney fees. By now, the time to file the motion has probably passed. Subpoenas do not take very long to prepare, maybe an hour or two maximum. Find a more aggressive attorney or an attorney with more time for your case.
Answered on Dec 04th, 2013 at 9:00 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
The subpoenas should be replied to within 45 days.
Answered on Dec 04th, 2013 at 8:42 PM