when your lawyer cannot not answer legal questions

What happens if a lawyer does not collect his legal fees?

 · 2 attorney answers. Yes. Texas Disciplinary Rule of Professional Conduct 8.04 (a) (3) prohibits a lawyer from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. By the way, Rule 3.03 (a) (1) prohibits a lawyer from lying to a tribunal (i.e., a court or similar institution of government).

Can a lawyer cease representing a client who refuses to pay?

Chapter 1. Lawyer-Client Relationship (Rules 1.1 – 1.18) 1 Rule 1.1 Competence (a) A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal services with competence. (b) For purposes of this rule, “competence” in any legal service shall mean to …

Can a criminal defendant get a lawyer without a lawyer?

If you go to Lawyer A, he or she may be unable to help, but might refer you instead to Lawyer B, at another law firm, who has more experience in handling your kind of case. In return for the referral, Lawyer A will sometimes be paid part of the total fee you pay to Lawyer B.

Do I need a lawyer if I Can’t afford one?

Consumers: Ask Lawyers Questions and Get Answers for Free!. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients.

What happens when a lawyer doesn't respond?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

Is it normal for lawyers to not respond?

Lawyers have an ethical duty to represent their client's best interests and promptly answer messages. While most attorneys are not available 24/7, they still should respond to clients in a reasonable time frame.

Why is my lawyer not communicating with me?

The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant. And because some lawyers have poor communication skills, the defendant may be better off getting information from an assistant than from the lawyer.

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.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

How long should a lawyer take to respond?

24-48 hoursA: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

Why do attorneys take so long to respond?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

How do you deal with rude lawyers?

8 Tips for Dealing with Difficult Opposing CounselPoint out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.

What do you do when your lawyer lies to you?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.

How do I file a complaint against an attorney in New York?

A complaint should be filed, by email or regular mail, with the attorney grievance committee having jurisdiction over the county in the State of New York in which the attorney maintains their office for the practice of law.

What happens if you don't raise your lawyer's billing concerns?

The downside of not raising billing concerns with your lawyer is substantial. You lose the chance to obtain a mutually-agreed upon reduction. The billing practice that offends you will no doubt continue. Finally, if the fee dispute ever gets litigated or arbitrated, your lawyer will claim that you consented to the disputed billing practice.

What to do if your lawyer is unwilling to discuss your bills?

If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.

How to coerce a client to pay a lawyer?

Lawyers frequently try to coerce payment by asserting an “attorneys’ lien” on all or part of a former client’s case file pending receipt of payment. Depending on whether the case or transaction is over, this can leave the client in the unenviable position of having to pay the fee to get much-needed papers for an ongoing legal matter. However, in practice a client operating in good faith has little to fear. If the client has a need for the documents in an ongoing matter, and a good faith basis for not paying a portion of the fee, lawyers cannot withhold critical papers. Even after the attorney-client relationship is over, the lawyer has a duty to assist in an orderly transition to replacement counsel to minimize prejudice to his former client.

What is a lawyer's agreement?

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.

Why do lawyers give bonuses?

Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.

What to do if you get a high bill from an attorney?

There are steps you can take both during and after the engagement to communicate your concerns to your lawyer. Appropriate questioning of bills often leads to a mutually-agreed upon reduction, and can even strengthen the attorney-client relationship. Should all else fail, fee dispute litigation provides substantial relief from some relatively common examples of attorney overbilling, while protecting an attorney’s right to a reasonable fee. Ten points for clients to consider:

What is the code of professional conduct and responsibility for lawyers in New York?

In an effort to ensure that lawyers do not use superior experience or negotiating skills in drafting agreements with their clients, the Code of Professional Conduct and Responsibility that applies to all lawyers in New York State (other states have similar or identical codes) provides that an attorney “shall not enter into an agreement for, charge or collect an illegal or excessive fee.” DR 2-106 [A].

What is nonprofit legal services?

Depending what is available in your area, you may find a nonprofit (charitable) organization with lawyers or legal assistants on staff, dedicated to providing low-cost legal services to particular populations. For example, various nonprofits serve senior citizens, immigrants and refugees, disabled or mentally challenged persons, artists youth, battered women, low-income tenants, and so on. Such organizations might also coordinate getting pro bono (free) help from attorneys in private practice.

Do law schools have clinical programs?

Many U.S. law schools have clinical programs that are run by law professors and staffed by law students. These clinics give the students academic credit, exposing them to real-world legal issues under professional supervision. Clinics typically offer free legal services to individuals in the community.

Does legal aid help with income?

Most legal aid offices help only people with incomes below a certain level. Some programs also consider all your assets, no matter what your income. Search the Internet or your local phone directory for “legal services” or “legal aid” in your city. Most federally funded legal services offices will not, however, ...

Is it important to get legal advice?

While your life or liberty might not be at stake in an everyday legal matter, getting the right advice can still be crucially important. Think of housing rights, child custody battles, immigration and deportation matters, or crippling litigation over medical bills.

Do lawyers have pro bono?

Many bar associations have pro bono programs staffed by attorneys who've agreed to devote a share of their time to providing free legal representation to eligible clients. You may qualify based on income or other factors, like having AIDS, being an abused spouse, or being elderly.

What is the rule of a lawyer?

Subject to rule 1.2.1, a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by rule 1.4, shall reasonably* consult with the client as to the means by which they are to be pursued. Subject to Business and Professions Code section 6068, subdivision (e)(1) and rule 1.6, a lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter. Except as otherwise provided by law in a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

What happens after a lawyer terminates a client relationship?

[1] After termination of a lawyer-client relationship, the lawyer owes two duties to a former client. The lawyer may not (i) do anything that will injuriously affect the former client in any matter in which the lawyer represented the former client, or (ii) at any time use against the former client knowledge or information acquired by virtue of the previous relationship. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811 [124 Cal.Rptr.3d 256]; Wutchumna Water Co. v. Bailey (1932) 216 Cal. 564 [15 P.2d 505].) For example, (i) a lawyer could not properly seek to rescind on behalf of a new client a contract drafted on behalf of the former client and (ii) a lawyer who has prosecuted an accused person* could not represent the accused in a subsequent civil action against the government concerning the same matter. (See also Bus. & Prof. Code, § 6131; 18 U.S.C. § 207(a).) These duties exist to preserve a client’s trust in the lawyer and to encourage the client’s candor in communications with the lawyer.

What is the requirement that the sale of all or substantially of the law practice of a lawyer?

[1] The requirement that the sale be of “all or substantially* all of the law practice of a lawyer” prohibits the sale of only a field or area of practice or the seller’s practice in a geographical area or in a particular jurisdiction. The prohibition against the sale of less than all or substantially* all of a practice protects those clients whose matters are less lucrative and who might find it difficult to secure other counsel if a sale could be limited to substantial* fee-generating matters. The purchasers are required to undertake all client matters sold in the transaction, subject to client consent. This requirement is satisfied, however, even if a purchaser is unable to undertake a particular client matter because of a conflict of interest.

Can a lawyer buy property?

A lawyer shall not directly or indirectly purchase property at a probate, foreclosure, receiver’s, trustee’s, or judicial sale in an action or proceeding in which such lawyer or any lawyer affiliated by reason of personal, business, or professional relationship with that lawyer or with that lawyer’s law firm* is acting as a lawyer for a party or as executor, receiver, trustee, administrator, guardian, or conservator.

Can a lawyer accept a gift from a client?

[1] A lawyer or a person* related to a lawyer may accept a gift from the lawyer’s client, subject to general standards of fairness and absence of undue influence. A lawyer also does not violate this rule merely by engaging in conduct that might result in a client making a gift, such as by sending the client a wedding announcement. Discipline is appropriate where impermissible influence occurs. (See Magee v. State Bar (1962) 58 Cal.2d 423 [24 Cal.Rptr. 839].)

Can a lawyer use client information?

lawyer shall not use a client’s information protected by Business and Professions Code section 6068, subdivision (e)(1) to the disadvantage of the client unless the client gives informed consent,* except as permitted by these rules or the State Bar Act.

Can a lawyer enter into a business transaction with a client?

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 client, unless each of the following requirements has been satisfied:

How to avoid surprises when a lawyer bills you?

Lawyers can be expensive. We all know that. But you can take a few steps to ensure that you avoid any surprises when the bill arrives in the mail. Talk to your lawyer about fees and expenses, and make sure that you understand all the information on fees and costs that your lawyer gives you. It’s best to ask for it in writing before legal work starts.

How to cut costs for a lawyer?

Yes, there are several cost - cutting methods available to you. First, answer all your lawyer’s questions fully and honestly. Not only will you feel better, but you also will save on legal fees. If you tell your lawyer all the facts as you know them, you will save time that might be spent on the case and will help your lawyer do a better job. Remember that the ethics of the profession require your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. You should feel free to tell your lawyer the complete details in your case, even those that embarrass you. It is particularly important to tell your lawyer facts about your case that reflect poorly on you. These will almost certainly come out if your case goes to trial.

What billing method do lawyers use?

What billing method do most lawyers use? The most common billing method is to charge a set amount for each hour or fraction of an hour the lawyer works on your case. The method for determining what is a “reasonable” hourly fee depends on several things.

What percentage of a lawyer's fee is contingent?

In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one-third to forty percent) of the amount recovered. If you win the case, the lawyer’s fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money.

What happens if you win or lose a court case?

On the other hand, win or lose, you probably will have to pay court filing charges, the costs related to deposing witnesses, and similar expenses. By entering into a contingent fee agreement, both you and your lawyer expect to collect some unknown amount of money.

Can a lawyer deduct expenses from a winning percentage?

No. An important consideration is whether the lawyer deducts the costs and expenses from the amount won before or after you pay the lawyer’s percentage.

Is a lawyer's fee reasonable?

The fee charged by a lawyer should be reasonable from an objective point of view. The fee should be tied to specific services rendered, time invested, the level of expertise provided, and the difficulty of the matter. This fee, however, may also be a percentage of recovery, called a contingency fee, which is discussed below. Here are some broad guidelines to help you in evaluating whether a particular fee is reasonable:

How do lawyers talk?

Lawyers talk law, that boring language which few people understand and needs correct interpretation. You easily make a mistake because you might not understand the legal meaning of a certain word. If you have (are pressed by the judge) to ‘defend’ yourself, stick to facts. Agree on facts. Agree on interpretation. And then stop. If you can’t agree on facts or interpretation, don’t try to establish the method to find out the correct facts or interpretation. That’s why you should be represented by your lawyer in court or legal setting. Lawyers talk legal language, they understand each other. And they will translate that boring difficult language back to you in plain English (or your native language).

What do lawyers do in an argument?

As Jennifer writes, lawyers are trained to zero in on the relevant parts of an argument and respond accordingly. They tend to respect factual evidence and abide by the rules of logic.

What is the job of a prosecutor lawyer?

The Prosecution lawyers job is to undermine the arguments of the Defense lawyer. That is, the lawyer’s job is to look for flaws in the argument as against assessing the evidence , and to that extent an articulate lawyer will likely win an argument without proving a case. It is not a good idea to argue with lawyers.

How to know if a case is covered by an existing law?

If you understand law, things are not that difficult. First you find out if your case is covered by an existing law. If so, facts, interpretation, no ambiguity. If not, see if there is a similar case covered by an existing law (jurisdiction). If so, facts, interpretation, no ambiguity.

What to do if you cannot agree on the interpretation?

If you cannot agree on the interpretation at first, agree on the method on how to come to agreement on the interpretation. That’s it. If you ever read a legal document or contract, you might wonder why it has so many pages. But a good legal document is written in the shortest form which avoids ambiguity.

Do lawyers have to believe the truth?

Lawyers also have to have a strange relationship with the truth. In many cases it ’s clearly not possible for two sets of contradictory evidence to be true, yet lawyers representing both sides have to act as if it is and, if pushed, will say that they have to believe what their client claims.

Do lawyers take sides?

A good lawyer may take your side in a court case when you are employing him to argue explicitly for a particular outcome and most of those arguments end in a stalemate with neither side really winning. In normal conversations it’s even more ambiguous, a good lawyer never takes a side and puts off drawing a conclusion long past when any lay person would. They never tell you this is what you should or shouldn’t do explicitly and rarely if something is wrong or illegal or more correctly illegal enough that someone will care enough to get in your way. They simply reiterate the facts, most of which you likely already know, and tell you here are some choices. Its often infuriating, but it’s hard to argue with that when they don’t take a side. It's not an argument, it simply is.

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