What do yall think about being instructed to file a case and your team hasn’t even spoken to the client about filing suit yet? Usually this is okay when the SOL is coming up to preserve it but this case SOL is at the end of 2025. Idk just need advice.

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Posting as :
works at
You are currently posting as works at

What type of law are are you in?

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Personal injury

Nope nope nope my firm did this in a few cases years ago and I’m stuck with cases that are a hot mess. Unless you’re filing on a writ, but I don’t understand why that would be necessary if your so far from SOL

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I ended up still filing it. Managing partner told us to regardless if we talked to client or not just so it won’t show up on a “late” report for the owner. All they care about is their reports. But atp it’s whatever. It’s not my bar license on the line 🤷🏽‍♀️

If you file in a complaint in a PI case, generally speaking, that will usually motivate defense counsel to settle sooner. Some state bar rules will not allow this or, you have to first make an attempt to settle and depending on how defense counsel responds, if they respond at all, you may then file. For my personal case, we filed and then served the complaint and defense counsel immediately offered policy limits. It was a beautiful thing.

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If the attorney you work for instructed you, bring up your feelings about being against the filing. If the insist and you want to keep your job, file it; however, keep all documentation and emails, if something happens.

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Thank you I did. He would’ve not filed it but the managing partner told us to anyway, so it’s done. Just praying the client isn’t mad because we had a similar situation with a previous client and he was pissed. But we had to file that one since the SOL was approaching.

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