what should my nys lawyer be doing for me?

by Shaylee Lemke 5 min read

If you have a disagreement with your lawyer about the fees you already paid  or fees your lawyer claims you owe, your lawyer must participate in a state-sponsored arbitration program, New York State has a Fee Dispute Resolution Program (FDRP), that handles lawyer-client disputes over legal fees that are more than $1,000 and less than $50,000.

Full Answer

Where can I get a lawyer in New York City?

Visit the New York State Bar Association for more information. Some tenants can get a free lawyer in their cases under the Universal Access to Legal Services Law. New York City is the first city in the country to provide lawyers for tenants in housing cases.

What should I expect from my lawyer?

You should know that many states have laws regarding when and how a lawyer must communicate with clients. In general, however, you should be able to expect to get a general overview of your case whenever you request it from your attorney. In addition, you should also expect your attorney to call you back or return your emails in a timely manner.

Is a member of the New York bar considered a lawyer?

All members of the New York Bar are presumed to be practicing law in New York unless otherwise shown. The burden of proof is on the individual attorney. You should be guided by case law and the Restatement of Law, Third, The Law Governing Lawyers, Chapter 1, § 3.

What does it mean to practice law in New York?

Attorneys "practice law in New York" if they give legal advice or counsel to, or provide legal representation for, a particular body or individual in a particular situation in either the public or private sector.

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What are the 3 main job duties of the NYS attorney General?

Representing the state and state agencies before the state and federal courts. Handling criminal appeals and serious statewide criminal prosecutions. Instituting civil suits on behalf of the state.

What are 5 responsibilities of a lawyer?

Duties of a lawyerProviding legal advice and guidance.Writing contracts.Meeting clients (individuals or businesses)Attending court hearings.Reading witness statements.Collating evidence and researching case studies.Keeping up to date with changes in the law.Representing clients in trials.

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.

How do I choose a good lawyer for my case?

How To Choose the Right Lawyer: Ten Points to Consider When Selecting an AttorneyIdentify Your Legal Problem and Use a Specialist. ... Make Sure the Attorney has the Right Experience. ... Expect the Attorney to be a Good Communicator. ... Consider the Attorney's Professionalism.More items...

What are the four duties of a lawyer?

Duties of Lawyer's :- Lawyer's have to conduct research and analysis of legal problems. Lawyer's have to present facts in writing and verbally to their clients or others, and argue on behalf of their clients. Lawyer's have to prepare and file legal documents, such as lawsuits, appeals, wills, contracts, and deeds.

What are an attorney's basic obligations to a client?

These principles include the lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How do I know if my lawyer is lying?

So cheers to them....How do you know a lawyer is lying?They tell you that they are known as the “best” at what they do. ... They guarantee you will win. ... They “specialize” in whatever your problem is. ... They call themselves a “father's rights” or “mother's rights” attorney in a custody case.More items...•

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 ...

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

How do I know what kind of lawyer I want to be?

Here are a few questions to help you determine what type of law would be a good fit for you:How Much Do You Like to Argue?How Motivated You Are by Money?How Much Control Do You Need Over Your Work Life?How Much Interaction Do You Need With Other People?What Do You Like to Do?

How much is a retainer fee for a lawyer?

Overview. A retainer fee can be any denomination that the attorney requests. It may be as low as $500 or as high as $5,000 or more. Some attorneys base retainer fees on their hourly rate multiplied by the number of hours that they anticipate your case will take.

What to do if you are unhappy with your lawyer?

If you have problems with your lawyer or become unhappy with their services, the first thing you should try to do is talk with your lawyer to try to work it out. There may be some misunderstandings that can be cleared up easily with direct communication. You may want to write your concerns down and request a written response, which may be easier for both of you. If you are still unhappy or uncomfortable, you have a right to terminate the lawyer-client relationship and find a new lawyer.

What happens if you don't pay your attorney?

If you have not fully paid your attorney, the attorney may have the right to retain your file and money belonging to you under certain circumstances. If you have a complaint against a lawyer, you may contact the Lawyer Disciplinary or Grievance Committee that covers the area where the lawyer is practicing law.

What happens when a lawyer-client relationship ends?

Keep in mind that when the lawyer-client relationship ends, you have a right to the prompt return of all your papers and property in your lawyer’s possession. You have a right to a refund of any unearned portions of the retainer deposit or unused money you gave the lawyer to cover expenses and costs.

Can a corporation represent itself in a lawsuit?

However, if a corporation is a party to the lawsuit, the corporation must have a new lawyer ready to take over the case as lawyer of record, because a corporation is not allowed to represent itself. Your lawyer also has the right to decide not to represent you anymore.

Can a lawyer withdraw from a case?

In general, your lawyer will first ask you to agree to end the relationship, but if you do not agree, the court can allow your lawyer to withdraw from your case anyway.

What is a full time attorney in New York?

2. Full time active members of the U.S. Armed Forces, 3. Attorneys with offices outside of New York who are temporarily admitted to practice in a court within New York for a case or proceeding, and. 4. Attorneys who certify that they are retired from the practice of law pursuant to § 468-a of the Judiciary Law.

What does it mean to practice law in New York?

Attorneys "practice law in New York" if they give legal advice or counsel to, or provide legal representation for, a particular body or individual in a particular situation in either the public or private sector.

How many CLE credits can you get in a law competition?

A] You may earn 1 credit for each 50 minutes of your participation in a law competition. For participation in a high school or college level law competition, your credit is limited to 3 CLE credit hours during a two-year reporting cycle.

How many CLE hours do I need to become an attorney in New York?

A] Experienced attorneys (those admitted to the New York Bar for more than 2 years) must complete at least 1 CLE credit hour in the Diversity, Inclusion and Elimination of Bias CLE category of credit as part of their biennial CLE requirement.

Is CLE accredited in New York?

A] Some out-of-state course are accredited by the New York State CLE Board. Other out-of-state courses may be accredited by another jurisdiction, and you may be eligible for New York CLE credit under New York’s Approved Jurisdiction policy.

Can an out-of-state attorney get CLE credit?

A] A New York attorney may earn credit for attendance at an out-of-state course provided that the course is accredited by the CLE agency of another state or foreign jurisdiction that has been approved by the New York State CLE Board as meeting New York’s accreditation standards. An out-of-state course accredited by a New York Approved Jurisdiction is eligible for New York CLE credit based on a 50-minute credit hour, and in accordance with the Program Rules and the Regulations and Guidelines. The attorney must obtain from the provider documentation of course accreditation by a New York Approved Jurisdiction, a proper certificate of attendance and for nontraditional formats, proof of the provider’s independent verification of the attorney’s completion of the course. Please see section 6 of the Regulations and Guidelines for details.

How to communicate with a lawyer?

Lawyer communication, competency, ethics, and fees are important aspects of an attorney-client relationship. As a summary you can expect your lawyer to do the following: 1 Give you advice about your legal situation 2 Keep you informed about your case 3 Tell you what he or she thinks will happen in your case 4 Allow you to make the important decisions regarding your case 5 Give you an estimate about what your case should cost 6 Assist you in any cost-benefit analyses that you may need 7 Keep in communication with you 8 Inform you of any changes, delays or setbacks 9 Give you the information you need to make good decisions, and 10 Prepare you for your case, including deposition and trial preparation.

What are the most common problems lawyers have with their clients?

Fees. Disputes regarding attorneys' fees are perhaps the most common problem that clients have with their lawyers. Fee disputes typically arise for many reasons, but the following are the most common: Complaints about bills being too high. Disagreements over what kinds of fees would be charged to the client.

What is lawyer communication?

Lawyer communication refers to the correspondence and communication between a client and his/her attorney. If you have a lawyer communication problem, you may be wondering if you have a bad attorney or if he or she is doing a poor job on your case. You should know that many states have laws regarding when and how a lawyer must communicate with clients.

What happens if my attorney doesn't respond to my question?

If your attorney does not respond within a business day, he or she should provide you with a reason why they were unable to answer your question (typically, if your lawyer is working on multiple cases, he or she may be tied down in court on some days).

What is billing at an attorney's rate?

Billing at an attorney's rate for work done by a paralegal or legal secretary. Complaints regarding over-charging for time spent on a case. The first thing that you should do upon finding and hiring the right lawyer for your case is to make sure that you get the fee agreement in writing that you can understand.

What is competency in law?

In addition to lawyer communication problems, you may also have problems with the competency of your lawyer's work. Competency relates to the core knowledge and expertise of an attorney in handling a client's legal issue. You should remember that lawyers are not machines and they are just as capable of making a mistake as anyone else ...

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Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

How to get your attorney's attention?

The best, most unobtrusive way to start getting your attorney’s attention is by sending them an email. Lawyers regularly check their emails, so it is a good way to see if someone from their office will respond to you. If your attorney does not reply via email, then you should call their office.

What are the problems with lawyers?

People have problems with their lawyers for a variety of reasons, but some of the main issues involve: 1 Fee conflicts 2 Issues involving communication or neglect 3 Competency problems 4 Ethical concerns

How to be proactive in a relationship with an attorney?

To be proactive from the beginning of your relationship with your attorney, the first thing that you can do is to let them know your concrete expectations. Some lawyers and clients will sign a contract with one another about expected fees, timetables, and the availability of the lawyer.

How to get your point across to your lawyer?

Sending a letter is another good way to get your point across to your lawyer. In the letter, you may want to state a specific date that you expect to hear from them, or that you want them to complete something. While going through the stages of a divorce, there are several deadlines that your lawyer will need to meet.

What are the concerns of hiring a lawyer?

Competency problems. Ethical concerns. Any of these areas can cause major concerns for people who have hired a lawyer to help protect their personal interests. If you have these types of concerns about your attorney, then you must be proactive about protecting your well-being, and proving your side of the case.

What happens when you file a complaint against a lawyer?

Once someone files a complaint about a particular lawyer with a governing board (such as the boards mentioned above), then an investigation occurs regarding the practice of that lawyer. The case is typically handed over to a grievance committee that reviews lawyers’ work and ethics.

What to do if your attorney does not reply to email?

If your attorney does not reply via email, then you should call their office. A phone call is more direct and personal than an email. Since you speak to your lawyer over the telephone, you should be able to better gauge why they have not followed through with activities that you feel are important.

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Cle Requirement For Experienced Attorneys

  • Q] What is an "experienced attorney"? A] Attorneys who have been admitted to the New York Bar for more than two years are considered experienced attorneys. Q] As an experienced attorney, what is my CLE requirement? A] Experienced attorneys must complete a total of 24 accredited CLE credit hours during each biennial reporting cycle (the two-year per...
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Fulfilling The Requirement

  • Q] How do I find CLE courses close to home? A] The CLE Board does not maintain a list of individually accredited CLE courses. You may check with local bar associations or other organizations in your area that may be presenting CLE courses, or you may check the New York Accredited Provider Listfor approved CLE providers. Q] Do out-of-state courses count towards m…
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Exceptions to The Requirement

  • Q] Are there any exemptions from the CLE requirement? A] Yes. The following persons are exempt from New York's CLE requirement: 1. Attorneys who do not practice law in New York at all during the relevant reporting cycle, 2. Full time active members of the U.S. Armed Forces, 3. Attorneys with offices outside of New York who are temporarily admitted to practice in a court within New …
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Compliance & Reporting

  • Q] How and when do I report compliance with my CLE requirement? A] An attorney registration form will be mailed to you. You must file your attorney registration form and complete your CLE requirement within 30 days after your birthday on alternate years. If you were admitted before January 1, 1982 or in an even-numbered year (e.g., 1998), then you will register in even-numbere…
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