in alabama my lawyer is not who i have an agreement with

What are the current contract law laws in Alabama?

Alabama Rules of Professional Conduct Client-Lawyer Relationship Rule 1.8. Conflict of Interest: Prohibited Transactions. (a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a ... A lawyer shall not make an agreement prospectively ...

Do you have to have a contract with a lawyer?

Rule 1.5(a) has no counterpart in the Disciplinary Rules. In 1974, Alabama did not adopt Model DR 2-106(A) which provided that a lawyer “shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee” and Model DR 2-106(B), which provided that a fee is “clearly excessive when, after a review of

How does a custody agreement work in Alabama?

lawyer's trust account pursuant to which the financial institution agrees to file the report required by this rule. Every lawyer shall have the duty to assure that his or her trust accounts maintained with a financial institution in Alabama are pursuant to such an agreement. This duty belongs to the lawyer and not to the financial institution.

What happens if child custody is disputed in Alabama?

4. If the parties comply with 1 – 3, above, the contract is usually enforceable, even if one or more of the parties never reads the document reflecting their agreement. I am as guilty as anyone in failing to read contracts I sign, but Alabama law considers me to have knowledge of the terms of an agreement if I sign it.

What do you do when you disagree with your lawyer?

If you do not agree with your lawyer's advice, let them know, and listen to their explanation. If you aren't satisfied with the answers, ask another lawyer for a second opinion. You may also consider hiring another lawyer, although that may delay the resolution of your case.

Can I disagree with my lawyer?

You can only complain about an opposing legal representative's course of action if you have evidence that they are not acting on instructions, or are acting on instructions that they know are untrue or unethical. The lawyer for the opposing party might say something or state a fact that you disagree with.

Can a lawyer lie for his client?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.Jun 17, 2015

Is the relationship between lawyer and client a contract?

No matter how well you know your attorney or how "simple" you think your case is, you should always have a written representation agreement (sometimes called a fee agreement) with your lawyer. These contracts set out the terms of the attorney-client relationship and the fees and compensation that you will owe.Jan 3, 2022

How do you address an opposing counsel?

#2: Don't put the opposing counsel's email address in the “To:” line until you know your email is ready to send. This is a simple tip, but it is one that can save you from costly mistakes. Never fill out the “To:” line of your email until you are absolutely, positively, ready to send it.May 11, 2021

Do opposing lawyers talk to each other?

(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.

How do you challenge legal fees?

Options for disputing solicitors' feesComplain to the firm. ... Complain to the Legal Ombudsman. ... Initiate detailed assessment proceedings. ... File a defence & request a common law assessment. ... Claim for professional negligence. ... Counterclaim for professional negligence – set off. ... Apply for a wasted costs order.Nov 6, 2020

Can my lawyer talk to the other party?

6.03 (5) A lawyer shall not in the course of a professional practice send correspondence or otherwise communicate to a client, another licensee, or any other person in a manner that is abusive, offensive, or otherwise inconsistent with the proper tone of a professional communication from a lawyer.

What is cost disclosure?

The Legal Profession Uniform Law (NSW) requires law practices to disclose their costs to their clients. ... A law practice must disclose any significant change to anything previously disclosed, providing information disclosing the change and its impact on legal costs.

What if a lawyer knows his client is lying?

If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Can my lawyer represent me in court without me being there?

An accused person can have a lawyer appear for him/her only when the court allows him/her to complete, in open court, a written waiver of his/her right to be physically present.

What is professional misconduct for a lawyer?

Thus, 'conduct which would be regarded as improper according to the consensus of professional, including judicial, opinion could be fairly stigmatised as such whether it violated the letter of a professional code or not'. This form of professional misconduct became known as conduct unbefitting a solicitor.Mar 31, 2010

What is a client representation agreement?

A representation agreement sets out the terms of the relationship between the attorney and the client. The agreement also outlines the fees and compensation that the client will owe the attorney.

What are the elements necessary to establish an attorney-client relationship?

The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.

What is representative agreement?

A representation agreement is a legal planning document that allows you to choose the person or persons who will make important decisions for you, or assist you in making decisions, if you become incapable of making decisions on your own. The person you so choose is called your “representative.”

Can a Landlord Enter Without Permission in Alabama?

No, landlords cannot enter without permission for non-emergency situations. They must give at least 2 days’ notice. They can enter without consent...

Is Alabama a “Landlord Friendly” State?

Yes, Alabama is considered a landlord-friendly state because landlords can mostly act without legal limitations. Tenants do have some protections t...

What Are a Tenant’s Rights in Alabama?

Alabama tenants have the right to fair housing and a right to a “livable dwelling.” They also have a right against unnecessary intrusion.

Can a Tenant Change the Locks in Alabama?

Alabama law is not clear whether tenants can change locks on a rental property. It is generally assumed that tenant’s cannot change the locks at an...

What is a valid contract?

1. To have a valid, enforceable contract, there must be an agreement by all the parties on the primary, or material, terms. Those contract terms might include the price, the date or time for performance, and the nature of the goods or services being provided, among other things. 2.

What does ambiguity mean in a contract?

Ambiguity in a contract is construed against the drafter, meaning, if there is more than one way to interpret the contract language, then it is ambiguous. That ambiguity works AGAINST the person that wrote the ambiguous document (so they can’t take advantage of that type of error in the agreement).

What rights do landlords have in Alabama?

Alabama landlords have the right to collect rent in a timely manner and the right to pursue formal eviction in the case of a lease violation. Note: These rights exist regardless of a rental agreement stating otherwise.

What is the Alabama Code Title 35 Chapter 9A?

In Alabama, if rent is paid in a timely manner in exchange for inhabiting property, then the law ( Alabama Code Title 35 Chapter 9A) is a landlord-tenant agreement that carries certain rights and responsibilities. Tenants have the right to habitable housing and the right to pursue some forms of alternative action.

Can a landlord evict a tenant in Alabama?

Alabama landlords can evict tenants for: Nonpayment of rent – If a tenant misses a rental payment, landlords must give a 7-day pay notice. Failure to pay within this 7-day window can be grounds for eviction.

What are the responsibilities of a tenant in Alabama?

Tenants in Alabama are primarily responsible for: Keeping their residence free from hazards and damages. Keeping residence clean. Not disturbing other tenants. If landlords deem it necessary, tenants must clean or make repairs in 7 days.

Can you be evicted in Alabama?

Alabama tenants cannot be evicted as retaliation for reporting health or safety violations on the landlord’s part. Tenants can also not be evicted for violating terms added to the lease without their written permission. Read more.

Does Alabama have a fair housing law?

Protected groups. Alabama landlords cannot discriminate housing against any groups outlined in the federal Fair Housing Act. Alabama does not have additional protections for classes of people not outlined in the Fair Housing Act.

What happens if you don't return a security deposit?

Penalty for not returning – If a security deposit is not returned, landlords must pay double the original amount. Allowable deductions – Landlords can deduct for costs from missed rent payments and damages caused by negligence, abuse, or carelessness, not ordinary “wear and tear.”. Read more.

Child Custody Laws

In addition to its own state child custody laws, Alabama is one of many states that have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which dictate that each state must honor and enforce child custody determinations made by courts in other states.

Alabama Custody Hearings

In some cases, if parents are able to agree on a custody arrangement on their own, the court will generally honor that agreement. If they cannot agree, however, they may have to decide any contested custody issues by way of a custody hearing in court.

Alabama Child Custody Laws Related Resources

Sorting out issues of child custody can be difficult, both emotionally and legally. You can contact an Alabama family law attorney if you would like legal assistance with a child custody matter. You can visit FindLaw's Child Custody section for additional articles and information on this topic.

Involved in a Custody Dispute? An Attorney Can Help

Custody issues can be difficult to resolve, particularly because they tend to be so fraught with emotion. It's often best to have a third party with knowledge of the law and experience brokering custody arrangements to be involved. Don't leave it up to chance; meet with a local Alabama custody attorney today.

What are the factors in custody?

Which Factors are Considered in a Custody Proceeding? 1 The agreement or lack of agreement of the parents on joint custody 2 The past and present ability of the parents to cooperate with each other and make decisions jointly 3 The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent 4 Any history of or potential for child abuse, spouse abuse, or kidnapping 5 The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody

What is child custody in Alabama?

Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent. Child custody cases in Alabama can be either contested and resolved by court order, or noncontested ...

What happens after a divorce in Alabama?

After a breakup or divorce in Alabama, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support .

What happens if you dispute custody of a child in Alabama?

If child custody is disputed, however, they will have to receive a child custody order from a Alabama judge, who will attempt to make a custody decision that is in the "best interests of the child".

What are the factors that determine joint custody?

In determining whether joint custody is in the best interest of the child, the court shall consider the same factors considered in awarding sole legal and physical custody and all of the following factors: (1) The agreement or lack of agreement of the parents on joint custody. (2) The past and present ability of the parents to cooperate ...

Why do lawyers have written agreements?

The simple reason to have a written agreement with your attorney is to make sure that both parties to the contract know what is going on. Most disputes that arise between lawyers and their clients are about money, whether it is how much the attorney is owed, or how much the client is owed as a refund. In order to resolve these disputes quickly and ...

How much does an attorney charge per hour?

Rates typically vary from as little as $75 per hour to more than $500 per hour.

What is representation agreement?

Representation Agreement: Your Attorney and You. No matter which state you live in, or how well you know your attorney, you should always enter into a written representation agreement (sometimes called a fee agreement) with your lawyer. These contracts normally set out the terms of the attorney-client relationship as well as ...

Why is it important to have a written contract?

In order to resolve these disputes quickly and without the need for court intervention, it is best to have a written contract in place that can clear up these issues. It is highly effective to be able point to a specific part of a written contract in order to prove your point.

What is client file?

Client files. The contract should specify how and at what cost the client can obtain a complete copy of their client file held by the attorney. The contract should specify who will do the work, meaning who will do the research for the case, and who will argue it in court if litigation is necessary.

Is litigation expensive?

It should be no shock that litigation can be quite expensive, even excluding the costs that an attorney charges. These fees must come from somewhere, and your representation agreement should specify from where. If you are expected to pay for all filing fees, then that should be in the contract you have with your lawyer.