VIC How long take a lawyer to prepare subpoena for medical file?

Discussion in 'Other/General Law Forum' started by amay, 16 September 2018.

  1. amay

    amay Member

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    Hi, I'm the executor of my granny's estate dealing with a will contest, and need her hospital social worker's notes. After the hospital refused an FOI request, I gave my lawyer handling the contest permission to pay for, prepare and file a subpoena for them 4 weeks ago, he has my funds to pay for it in his trust account, and he knows how extremely anxious I am to receive them. I recently checked with the court and the hospital FOI who said there's no record of a subpoena having been filed, and my lawyer's admin assistant has now advised she believes it's still being prepared (have asked lawyer to contact me but heard nothing yet).

    I'm very concerned as this lawyer often takes a very long time to do things even when requested to action them asap and he agrees to do so, and I understand lawyers are very busy. But from what I can see to prepare the form 42AA to produce documents should take no more than an hour or two, but can anyone please advise if there may be issues I'm missing and it takes much longer? (Not to file it, just to prepare it ready to file.)

    If any further advice is needed to respond I'll happily provide it. Thank you for any help as it's most appreciated.
     
  2. EAGLEGATE Lawyers

    LawTap Verified

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    4 Weeks is way too long. In practice subpoenas take minutes to prepare - if you know what you are doing. You then need to request that the Court issues the Subpoena. Again, that should not take too long, maybe a day or two...

    EAGLEGATE
    www.eaglegate.com.au
     
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  3. amay

    amay Member

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    Thank you very much for your response, it's sincerely appreciated. :)

    I'm now starting a new thread on whether I should change lawyers!
     
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