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A savvy client may consider a third option – state a written objection to the reasonableness of the fee, pay some reasonable portion if warranted, and ask that the lawyer continue with the representation. Lawyers do not have an automatic right to stop representing a client in the event of a fee dispute.
Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls... Whenever a lawyer fails to perform the legal services that you paid him to render, you are entitled to full refund of your retainer.
If you cannot pay because you don't have the money, you may ask for a payment plan or other accommodation, or may be able to work out an arrangement directly with your ex's attorney.
If you are unhappy with your lawyer, it is important to determine the reasons. If, after a realistic look, you believe that you have a genuine complaint about your legal representation, there are several things you can do. This section will outline those options and some issues to be aware of when dealing with such disagreements.
Legal aid is an umbrella term for any service which provides legal assistance to those unable to afford it otherwise. These services vary significantly based on location, but all should provide pro bono—a Latin term meaning “for the public good”—services.
Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.
The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.
The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.
You should first ask the attorney for an accurate accounting of time spent on the divorce for money paid. You may also seek the assistance of the court/judge of you feel your attorney has overcharged or billed you for this matter/representation.
If you have paid $30,000 in three months and nothing has been done, you should speak with the attorney and seek the advise of another attorney. F
If your spouse agrees, you might want to consider Mediation. Mediation is Fast, Effective and AFFORDABLE. Good luck.
If what you say is accurate, you probably should call the state legal ethics committee for advise. Ask the Court clerk for advice as to whom to call.
There is no chance that the Judge will order the attorney to remain on the case. If you have incurred $30,000 in 3 months and nothing has been accomplished, why would you want to remain with that attorney anyway? You would just have to continue to pay him money. If the other side has funds from which you can pay attorney's fees, then perhaps a change of attorney and a request for attorney's fees from the other side is appropriate.
However, a lawyer is not an indentured servant and a court will not force your lawyer to work for free because you don't have money. Report Abuse. Report Abuse. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 0 out of 500 characters. * Please enter the explanation.
In all likelihood, if the lawyer request that he withdraw as counsel and asserts valid grounds, the lawyer's request will be granted. The judge may order the attorney to represent you at a certain hearing or trial if the attorney's withdraw would jeopardize your case. Report Abuse. Report Abuse.
If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.
In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
Failure to comply with ANY court order can have serious consequences, which may ultimately include incarceration, even if the order was for payment of attorney's fees. If you cannot pay because you don't have the money, you may ask for a payment plan or other accommodation, or may be able to work out an arrangement directly with your ex's attorney. However, failure to pay because you don't feel like it will likely result in an enforcement action, which can result, if you continue to refuse to pay, in your being incarcerated for up to 5 months and 29 days.
However, failure to pay because you don't feel like it will likely result in an enforcement action, which can result, if you continue to refuse to pay, in your being incarcerated for up to 5 months and 29 days.
The consequences could be a fine, jail, fine and jail or just a reprimand with another Order to pay. If a reprimand with another Order, you might want to consider the consequences of not obeying the Courts Order for a second time. You may also have to pay her attorney fees if she has to go to Court to enforce the original Order.
Contempt means that you can be held in the custody of the sheriff for up to 6 months.
Yes, you can get your money back. I agree with the two previous answers by other lawyers. In addition, you can file a grievance with the state bar. You can also file in small claims court. Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls...
Whenever a lawyer fails to perform the legal services that you paid him to render, you are entitled to full refund of your retainer. Your lawyer breached his contractual obigation to diigently and competently render legal services.
Send the lawyer a certified letter outlining the agreement, the efforts to contact the office (noting no return contact), the promise to file within 2 weeks, and that based on the failure to do the work as promised and the ethical violation of no communication, you no longer want the lawyer to work on the case and you expect a full refund (or you will seek the assistance of the State Bar of Texas.) Give the....
Connecticut law clearly provides an attorney with a retaining lien on the client's papers and files. There is an exception that you should think about.
If any of the documents in the file were generated by you, and he had possession of them, you have an absolute right to get them back. If they were created by him as work product (i.e., research memoranda, notes on how to handle the case, witness interviews, deposition transcripts, etc.) he has a common-law lien against the file until you pay.
If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.
Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...
Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.
For example, if your lawyer knows when your accident happened and when the statute of limitations runs out, yet still fails to file a claim in the allotted time period, you might no longer be able to file the claim or have legal recourse.
Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.
Your lawyer has a responsibility to act in an ethical manner. Beyond that responsibility, they’ve actually taken an oath to uphold certain ethics.
It’s possible that person doesn’t have a strong grasp of the particular area of law that’s relevant. The other thing that could happen is that as a case progresses, it could begin to involve areas of law outside your lawyer’s expertise.