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If you pay a retainer to an attorney but then decide you must fire him for not doing his job? law answers (231200)

People haved asked the following law querstions similar to "if you pay a retainer to an attorney but then decide you must fire him for not doing his job?". If you have other legal doubts, use the box above to get answers.

Q: 

If you''re approved for Legal Aid in your area will it help pay for a criminal defense attorney for a spouse other than one who was court-appointed?

A:  Answer The funding for Legal Aid and services provided will vary by state and can even vary from city to city. It is impossible to answer your question without knowing your location, but I doubt that Legal Aid would get involved in criminal matters. Answer Assuming that the reference is to a LSC program, as has been stated such legal assistance would not apply to a criminal case. If the accused does not have the financial resources available to retain a private attorney a PDA will be appointed by the court. If the person believes the matter involves a civil rights violation or has such a connection to the issue, they might wish to contact the ACLU office in their area....

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How much should i pay for a real estate attorney on a short sale?

A:  If you are referring to how much to negotiate the short sale, don''t pay anything. I use an attorney and the fee is placed on the HUD for the lender to pay at closing. You need to make sure you hire an experienced Realtor to market your home to do a short sale. Always ask how many of their Short Sale listings your Realtor has successfully closed. Remember to be patient. Short sales are taking anywhere from 3-6 months or more from offer to close depending on the lender. Good luck to you with your sale. If you need to find an experienced Short Sale agent in your area, I would love to assist you. Regards, Lisa Jones, GRI (352)250-3320 Ljones@tomgrizzard.com Hello! Nothing... We are a team of 3 licensed...

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I am a US.Armed Forces Veteran. I am 85 years old. In December of 2003, I got married to a woman who took all my savings and made a fraudulent activities using my personal identification in conspiracy with her son, who has a long list of Criminal Convictions for similar cases: ID Theft, Credit Card Forgery, Bank Forgery, Marihuana and Cocaine Possession,etc. They also keepnapped me in a little room without hygienic and without food. While they threatened and intimidated me to kill me if I could call the Police. Fortunately, I scape from their house, I made the ID Theft and Fraud dennounces in the Police Department and I filed a case in the Court for Domestic Violence in August of 2009 to getting an Injuction for Personal Protection.The wife had solely made two marital sexual relationship with me to accomodate and to guarantee the possession of all my savings and all of my retirement benefits. We had lived in a separated room after the first month of the marriage and the wife had few lovers to whom she made her sexual relationship into the same house in where we lived and I have evidences and witnesses of my allegation. Before the marriage and during the marriage she has never worked. My retirement benefits arise up before and previous the marriage with this woman, it is pre-marital retirement benefits to which the wife never coolaborated and never aported any penny nor any sacrifice.In September of 2009, I filed a Petititon for Dissolution of Marriage. The wife retained a woman lawyer who is claiming half of my Social Security and Retirement Benefits. I am representing myself and I had investigated in the Social Security Administration that the wife solely shall claim Social Security Benefits when at least has been marriage during 10 consecutive years. This woman had not marital relationship with me, we lived in a separated room during 4.8 months and we have living in a separated place and location since 2 years ago. She has had a men in her house (lover) since September of 2008 but she insisted in getting the half of all my Retirement Benefits which were paid and accumulated by my hard work and sacrifices in this Country during 60 years. I am an elderly, I have to pay for all my expenses, for the living assistence and for my medical coopayments. I would like to know if this woman has the rights to get the benefits that she is claiming in the Divorce and also, I would like to retain a Veteran attorney to represent myself in this case. I will appreciate your recommendation and answer in this case. Thanks and God Bless You. My email: USVeteranBielman@yahoo.com

A:  I suggest you get an attorney ASAP. This is probably not the first time this woman has done such a thing....

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I was married for several years and separated in 2001, filed for a divorce in 2004. I was in another relationship and about to have a child. Sep.2005 my daughter was born and the divorce was finalized in Oct. 2005. While in the hospital, the Rep. that does the birth certificates called my room. She asked my marital status and I told her the divorce would be finalized in a month or so. She says to me that my daughter could have her father''s last name, but my ex-husband has to be named as the father. I asked why and she says ''It is a law''. I pleaded for her not to do it but she says she had to. Once I started to call around to different lawyers and the county court building to get his name removed from the Birth Certificate, no one knew of this so-called ''law''. Can someone please help me because all of the attorney''s I have spoken with just want me to come in and pay a retainer.

A:  You cannot just have your ex-husband''s name removed. A child born during the marriage (while you were still married legally) is a child of the marriage. If you don''t want your ex-husband''s name on the certificate, the real father of the child has to come forward and put his name on the birth certificate, either by legitimating the child or bringing a paternity suit. No court is going to bastardize your child. And you are going to need an attorney for the legitimation or paternity action. It will be cheaper and simpler if everyone consents and you go the legitimation route. Keep searching - you will probably find a lawyer who will give a free 30 minute phone consult....

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Good afternoon to whom it may concern....I live in north carolina and am currently in a battle for visitation with my ex pertaining to the two children we have. After being together for 10 years we decided to split up ....we were never married. during the ten years we had 2 children together. I decided to let the children stay with her so they could stay in the school where they had always attended because I was moving 45 minutes away. since that time i have been paying my child support volenterly thru childs upport enforcment and have not missed a payment. Neither of us had filed for custody and niether of us have to this date done such. our agrremnt was that i would have the kids every weekend. once again this was not court ordered.back in march she told me she was taking the kids on vacation to disney world for a week and i agreed to let them go as long as she cleared it with the school so they could stay up to parr with their school work. a few days later i found out they were in reno neveda and had moved there. this is in the middle of the school year. i was furiated but their was nothing i could do. I cant afford a retaining fee the attorneys want and have been distraught by the whole situation.I want my children back in nc with me because since theyve been there they have been staying in a 2 bedroom apartment with 4 other people living there and the mother isnt trying to do anything. there is 7 people sharing a small 2 br apartment.all that aside can I go and file for custody of the children here in nc since they live in reno now and it hasnt been six months. any assistance would be greatly appreciated. also did she break any laws when she moved without letting me know. can i represent myself and is their a resource for me to obtain the paperwork needed so I can advoid hiring an attorney. am sure i should hire one due to my inexpierence...not sure if their are any availible resources..

A:  How long have the children been in Nevada? If it is less than 6 months, then you can file for custody in NC in the county where the children resided prior to their relocation. If it has been more than 6 months, then NC has lost jurisdiction. And because there wsw never a prior custody determination, Nevada will be the children''s home state. If the children are in Nevada, you will need an attorney there. I have no idea what the resources are in Nevada. Depending on where you are at, limited legal reources are available in NC. Try the Mecklenburg self-serve center at www.nccourts.org. There is also a center in Wake County, but it is only accessible by visiting the courthouse and only then by appointment or the hours of operation. There are also some

Q: 

my friend has retained 2 divorce attorneys, neither has worked out the second attorney is now taking her to court for payment, this attorney never appeared in court and she paid him $10,000. she now is unable to retain another attorney. is it possible to obtain a court appointed in the state of Illinois, Dupage County, she was told by a judge this was not done in Illinois

A:  If she had the money to pay him $10K, she can not get a free attorney,...

Q: 

For those of us who know of and are keeping up... How can I find out who is paying for Jose Baez''s attorney fees in the Casey Anthony case? Is that public record?

A:  Baez also made it clear today that contrary to what has been reported by many media outlets, that he is not a public defender. He is a criminal defense attorney. Baez would not say who retained him for his services or who is paying his fee. He is more than likely doing it Pro Bono for the noterity. I think you will find this intersting, they think that Baez is having an affair with her. http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2008/10/the-casey-antho.html...

Q: 

If you pay a retainer and the fire your lawyer what amount of refund can you expect to recover?

A:  Answer None. If the client breaks the contract the attorney has no legal obligation to return any of the retainer fee. If the client believes the attorney was not representing their best interest in the case, he or she has the option of filing a malpractice suit and a complaint with the state bar association and the ABA....

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I had a ticket for driving on a suspended license, and am still needing to pay it. However the city attorney has been in trouble for not having a business license and zoning issues. so is there a legal loophole to get out of my ticket with the new city

A:  Nope. you are not being fined by the city attorney, you are being fined by the city (with whoever holds the office of city attorney acting as a proxy). You know, this sounds interestingly possible enough to hire an attorney for a consultation to find out! [just imho] ;-) I would pay the ticket ... get that taken care of. The City attorney''s legal problems have no bearing on whether or not your fines needs to be paid. Your situation has nothing at all do with the city attorneys situation. Do your time with a smile on your face....

Q: 

Hi, I am involved in a slip and fall lawsuit. The lawyer I hired said he does these all the timeand that my case was good and that he was excited to learn that opposing counsel was someone he knew and that respected him. This was important he said.My mother also has a lawsuit with him for a bus accident. My lawyer called last week and said that he was giving my case to another attorney in his firm because of 1: conflict of interest (because of my mother''s case), and 2: because he doesn''t do a lot of slip and fall cases.The reason I hired this attorney was because of his experience. I do not feel it''s best that he pass my case off to another lawyer. He lied to me when he said that he doesn''t do slip and fall cases all the time. Or he lied to me at first when he told me this is what he does these all the time. The case is due to be deposed soon. I believe that he lied to me because of his biased positionagainst me; My mother''s husband recently attacked me and she sent emails to my doctors and my lawyer lying, saying I attacked him. After this, my mother and step-father told the truth tomy attorney, that he did attack me, but I feel my attorney''s opinion of me was changed becauseof the emails she lied in and he didn''t want ''the conflict of interest''.Her case is worth more money. I did nothing wrong to make him change his mind. I want him to continue representing me. When I said I was not happy with his choice because I wanted him in the deposition and/or courtroom because opposing counsel knew him, he replied, ''They will feel my presence even though I am not there.''.Can my attorney blow me off like this? I just finished my interrogatories and believed I was paying HIM to be my attorney, not some new guy that doesn''t have the same experience or connection with opposing counsel.How do I politely suggest to him that I want him to continue my case? What are my rights?

A:  It is refreshing that someone posted a question like this in the correct category. In California, you cannot force someone to be your attorney. As a client, you have the right to fire your attorney at any time, with or without cause. As an attorney, he can ask that you substitute him out of the case as your attorney, and if you do not comply, he can simply file a motion to be relieved as counsel. If he fills out the paperwork correctly, a trial court is not going to force him to remain as your attorney. I don''t see the conflict of interest, but having another attorney in the firm handle the case does not necessarily solve the conflict of...