Have you ever hired a lawyer and felt you had to keep pressure on them to get the job done?
This is not what you want in a relationship with a professional. While most attorneys try to do a good job, it is vital that your counsel show the dedication and urgency that you deserve. Likewise, you must show focus and a calm determination to see justice done, as soon as possible without harming the quality of your case.
Good practice requires attorneys to note the statutes of limitation on their clients’ claims, as well as other applicable deadlines. However, just because the law says you can take two years to file a certain claim doesn’t mean it’s a good idea to wait that long.
If you or your attorney do not promptly act to protect your rights, certain claims may lapse. For example, Oregon law generally allows 1 year (from date of reasonable discovery of harmful conduct) to bring discrimination claims, but federal Title VII discrimination claims must be brought within 6 months. Both claims may provide for similar relief, but only one – Title VII – allows for trial by jury. Wait too long, and you may lose a key strategic advantage.
Aside from that risk, additional time is often required to fix any errors or oversights that may surface. Corporate defendants sometimes dispute the identification of their agents, or they may argue that the wrong entity has been named. Even if everyone understands who the right defendant should have been, waiting too long to name the right party may jeopardize your rights.
In addition, waiting longer than necessary to press claims or defenses means that the quality of evidence may suffer. Over time, key witnesses forget things, they move, and they become much more difficult to get hold of. Experts are often more expensive and difficult to find at the last minute.
Whether you need to present claims or defend against them, there is rarely any advantage to be had in waiting longer than is necessary. Once you have completed a reasonably diligent search of the facts and the law, and you have determined with your counsel that you are ready, there is rarely an upside in delay.
Make sure you and your counsel are on the same page abut the urgency of your matter, and that he or she shows the determination you need to get the job done.