It is not always easy to get legal work done on time and when there are delays it is not easy to understand, especially when all the information is not at hand. The following is the experience of a frustrated client and reader of the Star:

"Let me thank you for the good job that you are doing to help people. I need your advice. How long does it take to get a divorce? In October of last year (2007), my lawyer filed for a divorce. To date I am still waiting. On October 3, 2008, she told me that the affidavit of service had to be amended. I was given a copy of the amended affidavit of service, which was signed by the bailiff and returned to her.

What I don't understand is why after waiting for an entire year the affidavit of service had to be amended. It is not a case where we are fighting over children or property. I believe she is giving me the runaround. Is there a system in place at the Supreme Court where whenever documents are submitted they are logged? And if that system is in place, can I go there and submit my claim number and get some information, for example, if and when the document was submitted? Help! I am frustrated".

Let me say that in most cases, what would happen is that a supplemental affidavit of service would be filed, rather than an amended affidavit of service. However, since I have not reviewed your file, I am not sure why an amended affidavit of service is required. I must caution that you should not rush to judgement that your lawyer is giving you the runaround. Instead, you can have conference with your lawyer and ask for a review of your file. With respect to the Supreme Court, you would have no problem giving your claim number and accessing your file but I would urge you to first discuss the matter with your lawyer as trust is a big part of the lawyer-client relationship. It is really hard to say how long a divorce will take but if everything runs smoothly, I estimate that six months would be a reasonable time. I hope you will get your divorce soon.

PREVENTING FURTHER CONSTRUCTION

It is always important to remember that efforts must be made to obtain probate (if a will was made by the deceased) or letters of administration to properly act on behalf of the deceased person's estate. Here is what this concerned reader of this column has to say:

"Good day to you. I need some help on an issue. My grandmother bought a piece of land with tenants living on it who pay a lease. She is now deceased. She has children, but they live in the United States, and I'm in charge, as the grandson, of taking care of business. Now, a few of the tenants who pay lease are upgrading their house, adding on rooms and going to upper floors, which is not agreed by the family. When she was alive, she had a lawyer write them all to tell them that there should be no upgrading. How can I get some justice in this case and/ or a lawyer?"

It might be easier to get a lawyer than to get what you might believe is justice. Lawyers are listed in the phone book and are readily available if retained by you. If you are unable to afford a private lawyer you might wish to go to one of the legal-aid clinics around. Your immediate concern is to obtain probate or letters of administration in your grandmother's estate so that you or someone in your family will have the authority in law to take action in your grandmother's estate.

In the interim, it might be necessary to write to the tenants, once again, to ask them not to proceed with any further construction and/or you might wish to obtain an injunction from the court to prevent them from doing any further construction. You need to rush to get a lawyer to assist you right away.

Keith N. Bishop is an attorney-at-law and a partner in the firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com and by text at 779-2871.