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Do you have to pay a lawyer??
I spent yesterday in a courtroom giving moral support to a friend - the plaintiff in a civil case. I've never seen such a travesty. Her lawyer did not prepare a thing, had not looked at the "evidence" he was presenting, and didn't talk to a single one of his witnesses before bringing them into court. Worst of all, instead of preparing her for a normal cross exam, he reassured my friend that the other lawyer was a nice guy and everything would be fine. He shredded her, as would be expected. She was in tears and is so distraught she will not continue the case. She had a good case to recover a few thousand in damages, but as a result of the doofus she hired, she won't get a thing. Can she get out of paying him for his incompetent performance?
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08-19-2011, 05:19 AM
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Registered
Join Date: Jun 2006
Location: Texas
Posts: 2,325
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Why not sue him for malpractice?
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08-19-2011, 05:27 AM
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Registered
Join Date: Mar 2003
Posts: 10,318
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Or file a complaint with the bar association
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“IN MY EXPERIENCE, SUSAN, WITHIN THEIR HEADS TOO MANY HUMANS SPEND A LOT OF TIME IN THE MIDDLE OF WARS THAT HAPPENED CENTURIES AGO.” |
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08-19-2011, 05:30 AM
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Almost Banned Once
Join Date: Feb 2009
Location: Adelaide South Australia
Posts: 38,302
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"Can she get out of paying him for his incompetent performance? "
Maybe she can talk to her lawyer and come to some agreement. In her opinion he's incompetent. That has to be proven and that's not easy or cheap to do. I avoid lawyers and court like the plague. No body wins.
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- Peter |
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08-19-2011, 05:53 AM
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The Unsettler
Join Date: Dec 2002
Location: Lantanna TX
Posts: 23,885
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I know that NY State has a peer review committee sort of deal that you can go to in cases like this.
Maybe Ohio has something similar.
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"I want my two dollars" "Goodbye and thanks for the fish" "Proud Member and Supporter of the YWL" "Brandon Won" |
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08-19-2011, 06:23 AM
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"YOU CANT RACE A CAB."
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sounds like a classic example of: " A CLOWN NON-ATTORNEY"
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if there are TROUT..........there are BEARS! |
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08-19-2011, 06:59 AM
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Team California
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Just don't stiff your criminal defense atty. before the trial or hearing. This was actually covered pretty realistically in the recent film, "The Lincoln Lawyer". My dad used to tell those clients, "Don't be forgetful with the bread and I won't get 'forgetful in the head'"...
 It does sound like she was not served professionally or competently at all. She might have a serious MP case against that lawyer.
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Denis |
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08-19-2011, 08:06 AM
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Almost Banned Once
Join Date: Feb 2009
Location: Adelaide South Australia
Posts: 38,302
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Quote:
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- Peter |
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08-19-2011, 08:12 AM
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Seldom Seen Member
Join Date: Jan 2003
Location: California
Posts: 3,584
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And if she proves it, what does she get? A few thousand? Not worth it. And if she drops the case because she is too distraught to continue, she won't get jack.
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Why do things that happen to white trash always happen to me? Got nachos? |
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08-19-2011, 10:20 AM
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Checked out
Join Date: Jun 2009
Location: On a beach
Posts: 10,127
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The practical answer is no, she doesn't have to pay the attorney.
99% of attorneys will not sue their client to collect fees. Because, when an attorney does that, they know that the first thing that will happen is they will get sued on a cross-complaint for malpractice. This is especially true when the client has lost at trial. So, to answer your question, if she doesn't pay, she has a 99%+ chance she never hears from the guy. In fact, the attorney will pray that he never hears from her again. Now, smart attorneys don't start a trial until they are paid up to date on the case. That way, they are only out for the time spent on the actual day of trial (or close). B/c they know if it goes wrong at trial, they aren't going to get paid. |
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08-19-2011, 10:26 AM
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Team California
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Quote:
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Denis |
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08-19-2011, 10:26 AM
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Checked out
Join Date: Jun 2009
Location: On a beach
Posts: 10,127
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As far as a malpractice claim, the answer to that is no, given that the damages in her case were "a few thousand dollars."
Most atty fee agreement intentionally do NOT have an attorneys' fee provision. So even if she won against him, she would have to pay her own fees. It would cost more than a few thousand dollars to litigate against him, even for a short time. She'd have to pay for that (no atty is going to take a contingency malpractice case this small). |
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08-19-2011, 10:29 AM
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Just learned the atty has waived his fee and expenses, offered to handle a negotiated settlement for free, and collect the settlement amount for free. No one has said anything to him yet. Sounds like he knew he screwed up and is trying to back away from it.
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08-19-2011, 12:30 PM
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darnellsgarage
Join Date: Nov 2007
Posts: 929
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I get the feeling that most of you don't like lawyers. WTF?
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don |
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08-22-2011, 07:37 PM
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Registered
Join Date: Aug 2006
Location: SoFLA
Posts: 5,536
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Quote:
All I require in return is your wife's soul, your children's souls, and their children's souls for all eternity." The lawyer thought for a moment and asked, "So...what's the catch?" |
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08-22-2011, 08:06 PM
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Still Doin Time
Join Date: Nov 2004
Location: Nokesville, Va.
Posts: 8,225
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one other possibility could be he purposefully "laid down" to hand the verdict over on a silver platter, because of a prior deal? - You never know..... maybe a much greater interest at hand if the outcome went the other way
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'15 Dodge - 'Dango R/T Hauls groceries and Kinda Hauls *ss '07 Jeep SRT-8 - Hauls groceries and Hauls *ss Sold '85 Guards Red Targa - Almost finished after 17 years '95 Road King w/117ci - No time to ride, see above '77 Sportster Pro-Street Drag Bike w/93ci - Sold |
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08-23-2011, 07:05 AM
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Senior Member
Join Date: Feb 2000
Location: Lacey, WA. USA
Posts: 25,305
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Researchers are switching from using mice in experiments to using attorneys. For three reasons:
1) Greater supply. There are many more attorneys than mice. 2) Attachment. Laboratory workers can develop a fondness for mice....not so with attorneys. 3) Performance. There are some things even mice won't do.
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Man of Carbon Fiber (stronger than steel) Mocha 1978 911SC. "Coco" |
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08-23-2011, 07:21 AM
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Almost Banned Once
Join Date: Feb 2009
Location: Adelaide South Australia
Posts: 38,302
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And you have to take your hat off to her lawyer for doing that.
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- Peter |
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08-23-2011, 07:43 AM
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Air Medal or two
Join Date: Jul 2003
Location: cross roads
Posts: 14,076
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D troop 3/5 Air Cav,( Bastard CAV) and 162 Assult Helicopter Co- (Vultures) South of Saigon, U Minh Forest, Delta, and all parts in between |
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08-23-2011, 08:31 AM
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