A lawyer or attorney is a person who practices law, as an advocate, attorney, attorney at law, barrister, barrister-at-law, bar-at-law, civil law notary, counsel, counselor, counsellor, counselor at law, solicitor, chartered legal executive, or public servant preparing, interpreting and applying law, but not as a paralegal or charter executive ...
North Carolina is the 28th-most extensive and the 9th-most populous of the U.S. states. The state is divided into 100 counties. The capital is Raleigh, which along with Durham and Chapel Hill is home to the largest research park in the United States (Research Triangle Park). The most populous municipality is Charlotte, ...
It borders South Carolina and Georgia to the south, Tennessee to the west, Virginia to the north, and the Atlantic Ocean to the east. North Carolina is the 28th-most extensive and the 9th-most populous of the U.S. states. The state is divided into 100 counties.
About North Carolina. North Carolina (/ËkĂŚrÉËlaÉŞnÉ/ (listen)) is a state in the southeastern region of the United States. It borders South Carolina and Georgia to the south, Tennessee to the west, Virginia to the north, and the Atlantic Ocean to the east. North Carolina is the 28th-most extensive and the 9th-most populous of the U.S. states.
Opinion rules that a lawyer may charge a client an hourly rate, or a flat rate, for his or her services plus a contingent fee on the client's recovery provided the ultimate fee paid by the client is not clearly excessive and the client is given an honest assessment of the potential for recovery. RPC 247.
Opinion rules that a lawyer may not collect a contingent fee on the reimbursement paid to the client's medical insurance provider in addition to a contingent fee on the gross recovery if the total fee received by the lawyer is clearly excessive. RPC 235.
Opinion holds that a lawyer may not split a fee with another lawyer who does not practice in her law firm unless the division is based upon the work done by each lawyer or the client consents in writing, the fee is reasonable, and responsibility is joint. RPC 155.
Opinion rules that, with certain conditions, a lawyer may include in a clientâs fee agreement a provision allowing the lawyerâs purchase of litigation cost protection insurance and requiring reimbursement of the insurance premium from the clientâs funds in the event of a settlement or favorable trial verdict.
[1] Paragraph (a) requires that lawyers charge fees that are not clearly excessive under the circumstances . The factors specified in (1) through (8) are not exclusive. Nor will each factor be relevant in each instance. Paragraph (a) also requires that expenses for which the client will be charged must not be clearly excessive. A lawyer may seek reimbursement for expenses for in-house services, such as copying, or for other expenses incurred in-house, such as telephone charges, either by charging a reasonable amount to which the client has agreed in advance or by charging an amount that reasonably reflects the cost incurred by the lawyer.
After the trial ends, there are still some things to wrap up and some things that might need your attention.
After a bench trial, the judge will prepare a written decision (maybe called an âorderâ or âdecreeâ) resolving the case. This final decision is the âjudgmentâ in the case. (NRCP 54 (a); JCRCP 54 (a).)
After the judgment in the case has been âenteredâ (filed with the court clerk), the winning party has five days to file a âmemorandum of costsâ to recover the costs she has incurred in the case. (NRS 18.110 (1).) The memorandum must be signed, filed with court, and mailed to the other side.
There are a number of motions that one or both sides might file after the trial is over. They could include:
These common expenses include obtaining documents such as medical records, police reports, filing fees and depositions, as well as information from expert witnesses and investigators.
Contingency fees are very common in personal injury cases. With a contingency fee, the attorney takes an agreed upon percentage from the settlement or final verdict. The plaintiff does not pay the attorney any fee until either a settlement has been reached or a damage award is won at trial. Once there has been a settlement or damage award, the attorney takes a percentage â usually 33.33% (or one-third) â of the final amount. Here, you are not paying an attorney a set amount per hour, and the attorney does not earn a fee unless you recover compensation. For more information about calculating attorneyâs fees, visit our Attorney Fee Calculator.
Retainer. In a retainer agreement, a flat rate is paid to the attorney in advance of litigation. Generally, there are three types of fee agreements where the client pays at the outset of representation. Advance Fee: The attorney opens a trust account for the upfront fee and only the plaintiffâs funds are allowed into the trust account.
The only exceptions to that rule are (1) where the legislature has passed a law that allows a winning party to recover its attorney fees (like in many employment discrimination cases and consumer protection cases ) and (2) where the parties have an agreement that provides that the winning party can recover its attorney fees from the loser.
Most states follow the âAmerican Rule,â which requires parties to pay their own fees if they choose to bring a lawsuit. The only exceptions to that rule are (1) where the legislature has passed a law that allows a winning party to recover its attorney fees (like in many employment discrimination cases and consumer protection cases) and (2) ...
Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.
Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.
Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.