Asked in Law & Legal IssuesChildren and the LawNew YorkLawyers
Law & Legal Issues
Children and the Law
If you are a current client do you have to pay your attorney a retainer for new work?
Asked in Civil Lawsuits
If a client drops a lawsuit is the lawyer still entitled to fees?
Generally the attorney will be allowed to keep any retainer and bill the client for a fair amount based upon the work that has already been done. If the suit was taken on a contingency basis and the plaintiff/client drops the suit the attorney can still bill the client for the amount stated in the terms of the contractual agreement.
Asked in Law & Legal Issues
How does someone go about getting a federal attorney?
Asked in Lawyers
What ways can a lawyer charge their clients for their service?
An attorney can charge a client hourly meaning they charge for each hour they work on the case. They can ask for a retainer fee which is a lump sum that goes into an account that the attorney bills for each hour worked. An attorney may charge one flat fee for their service. Another form of payment is called contingent fee. A lawyer in this case only charges if the case is successfully resolved.
Asked in Divorce and Marriage Law
My brothers wife has filed for a divorce with an attorney. She does not work but is capable of working. My brother has no money to pay an attorney ($2,000) retainer fee. What can he do to obtain an attorney that will help him ?
Asked in Business & Finance
Can you see any reason why such information should not be made available to the opposing attorney?
The reason attorney work product cannot be shared is that it contains discussions about the attorney's strategy and legal reasoning as he or she prepares the case. While evidence and information is objective, attorney work product is subjective and provides the key reasoning and logic, as well as attorney-client confidential information that should never be shared, with others. Providing this would give the other side every last thought and belief an attorney and his or her client have. While discovery provides clues about what a strategy may be and what an attorney may argue, attorney work product reveals far too much about everything a client and his or her attorney have been thinking about and look at. It goes beyond what discovery is meant to do and essentially helps the other side learn exactly how to defeat the opponent.
Asked in Law & Legal Issues
How does privileged communication differ from confindentiality?
Attorney client privilege is part of evidence law that states a court cannot compel an attorney to testify in court regarding communications he had with a client. It applies only to communications between attorney and client, or with their agents. If others heard the communication, it is not considered privileged. Duty of confidentiality is an ethical duty of lawyers to keep all things relating to a client's case confidential, including communications with a client, communications with other individuals regarding the case, and attorney work product. If a lawyer reveals confidential information, he or she may be subject to state bar disciplinary proceedings. Confidential information is not necessarily protected by attorney client privilege. A lawyer could be compelled to testify in court regarding communications he had with another individual regarding a client's case, if that individual was not his client.
Asked in Law & Legal Issues
How much money does the Suffolk County New York district attorney make?
Asked in Lawyers
Why do lawyers charge a retainer?
Lawyers and other service professionals usually charge retainers as a form of protecting themselves against clients who might end up not paying. So by asking for a retainer, a part of the work is covered, if the client does not pay the rest for some reason, at least it was not a total waste of time for the lawyer.
The Importance of Reading Lawyer Reviews?
Reading lawyer reviews can be the single greatest way to hire a great attorney for one's own case. One should never assume that all attorneys are alike, when searching for the perfect attorney to hire. The truth is that every attorney is different. Some attorneys are great at what they do, while other attorneys seek to take money from people and are not quite as skilled. Some attorneys are simply in it for the money, while other attorney genuinely have a concern for clients and want to help them. The latter type of attorney is the type one should seek to hire for one's case. By reading lawyer reviews, one can get a sense of an attorney's work ethic. When reading a review, a person should see whether or not a client mentions the availability of the attorney. What was the availability of the attorney like? How often did the attorney return phone calls or emails to the client, when the client needed the attorney most? By seeing the availability of an attorney and getting a sense of it, a person can get a sense of how much attorneys value the client. Also, a review will likely discuss how skilled the attorney actually is. One does not want to hire an attorney that may seem skilled, but turns out to lack thorough knowledge of state law or the issues governing a case. All too often, clients can be wooed by an attorney's prestigious law school attendance. However, just because an attorney may have attended Yale or Harvard does not mean that attorney works hard and will do a great job for the client. A client needs to hear from other clients through attorney reviews, what an attorney's work ethic really was like. Only by reading a review will a client be able to tell whether the attorney has an good work ethic. One more practical thing a person can learn from reading lawyer reviews is the way in which the lawyer bills clients. Does the lawyer end up overcharging clients with unnecessary fees? If so, this is the sort of lawyer any client should stay away from. Or, does the attorney truly work hard for the high sums of money he or she makes? If an attorney works hard, then he or she likely deserves to be paid well. These are just some key things to keep in mind when reading lawyer reviews.
Do I need to pay a retainer to secure a probate attorney for my mother?
Finding the Right Attorney of Law?
When it comes to finding an attorney, many people can become very stressed out. Unfortunately, this process often leads people into paying thousands of dollars for an attorney that may not truly be qualified to handle a certain case. All too often people are so stressed out with their legal situations, that they will hire the first possible attorney that can handle their case. In order to avoid this sort of panic behavior, a person should follow the tips in this article. First off, a person should always make sure that a lawyer charges reasonable fees for his or her services. If one goes to a law firm and sees the prices are too high, then a person should not worry or fret. There is likely a lawyer with a solo practice out there somewhere that can do the same work for half the price. A client should never feel suckered into paying incredible legal fees. Some attorneys may even be willing to work with clients on finding a moderate price to pay for services. If a client explains his or her financial situation to a lawyer, then a good lawyer will find a way to take on a case if the only restriction is one of a financial sort. A person should never feel that trying to negotiate with a lawyer will never work, because often lawyers are willing to take on cases for ridiculously low fees. Many lawyers with solo practices simply want the work that a client can provide, so they are willing to take a reduced fee for their work. The right attorney is also one that treats clients the right way. A client should have a good feeling when he or she works with an attorney. A client should feel that the right attorney is respectful and that the right attorney can truly do his or her best work on that client's case. A client should most importantly be able to trust that an attorney will do everything in his or her power to fight his or her case. Trust is one of the most integral aspects of the attorney and client relationship. It is truly important that a person feel trust has been achieved in a relationship between an attorney and client. Overall, finding the right attorney of law does not have to be difficult if a person simply remembers to follow the tips in this article.
Where can one get a workmans comp attorney?
If you have a current attorney that you work with, ask if they can recommend a workers' comp attorney. There are also a number of professional organizations or state and local bar associations that would be a good area to find an attorney. Finally, ask co-workers and friends if they have any recommendations on a workers' comp attorney.
Asked in Divorce and Marriage Law, Lawyers
Can an attorney hold up a case - or delay it - due to nonpayment by a client in a divorce proceeding?
If you paid the attorney retainer fee for bankruptcy and before filing the bankruptcy laws change can the attorney then increase the total amount to file bankruptcy?
It depends. If the fee was paid and the client did everything they were supposed to do, such as give the attorney all of the documents needed to file the bankruptcy, paid in full before the law change, did not change their contact info without telling the attorney, etc, and the attorney simply failed to get the petition filed, then I believe the client would have a good argument for malpractice to persuade the attorney to do it for the same price as before the law changed. However, if the client failed to provide all of the documentation or do something else he or she needed to do to allow the attorney to prepare the petition, or failed to go to the attorneys office to sign the petition prior to filing, or moved without advising the attorney of where they moved to so the attorney was unable to contact them to hurry and file, etc, then the attorney can adjust his or her fees based on the new climate in which the case will be filed. Certainly since the bankruptcy law changed effective 10/17/05, the amount of work an attorney has to do has increased dramatically. Also, the filing fee the court charges has gone up. Hope this helps! Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. Thanks!
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Asked in Straightening Teeth
Is it good to used clear retainer?
Clear retainers work well. However, you may not have the choice of using one. Your orthodontic doctor will determine the best retainer to use on your teeth. If you get a clear retainer be certain to keep it clean as you are instructed to do and keep it in a case with your name and phone number on it in case you lose your retainer.