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| Attorneys & Legal Ethics Lawyer ethics, practice of law, malpractice, etc. |
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#1 |
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Junior Member
Last Online:
02-22-2008 07:32 PM Join Date: Feb 2008
Posts: 2
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Last year, I hired an attorney for a case involving my child and CPS. The total amount for both the Family Court case and the fair hearing with Soc. Serv. was 10,000. I was led to believe that all other costs would be covered. They were not. I had to pay for the court transcripts, as well as other expenses. Also, I have to pay 850 for each court appearance that he makes.
I have asked to be sent/given copies of the agreement that I signed. To date, I have not received them. Also, as far back as June of last year, I told him (and each subsequent time since that - a total of about 10 times - each one except for two at court appearances) that I cannot afford to do the fair hearing case, that I am satisfied with the court's decision, and that I want him to not do it. When I first told him that I did not want to do the fair hearing, it had not even been scheduled. He scheduled it after I told him not to. Also, my daughter's law guardian, had stated that if the family court case never went to trial, then I should be eligible for a refund of at least a portion of the retainer. Can anyone please tell me what my legal rights are as a client? Can I be forced to fight Social Services, when I don't want to? Please help, as this case is coming up soon. |
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#2 |
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Top Level Member
Last Online:
07-03-2008 01:14 PM Join Date: Mar 2007
Posts: 699
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You may file a Bar complaint and have them intervene.
The lawyer ultimately does have to do what you say--or withdraw. |
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#3 |
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Junior Member
Last Online:
02-22-2008 07:32 PM Join Date: Feb 2008
Posts: 2
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Thank you for the info. Can you direct me on how to file a complaint? Do you know if I am eligible for any refunds of fees on this matter?
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#4 | |
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Junior Member
Last Online:
04-24-2008 08:51 AM Join Date: Feb 2008
Posts: 4
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Quote:
My lawyer is threatening to withdraw from a pending litigation concerning an estate because the heirs haven't paid him in full for his legal fees to date. He advised us to file a lawsuit with a baseless claim and a weak defense which we lost and he racked up a huge legal bill totalling $25,000.00 in the process. We've paid him a quarter of that amount but there is pending litigation with another matter that he is threatening to withdraw from if we don't pay him a sizable amount towards the outstanding bill. He has been told that the estate plans to pay him from the proceeds once the court gives us permission to close it but he's not willing to wait and he's feeling antsy about the baseless lawsuit he advised us to file. Does anyone know if a lawyer can legally withdraw in the middle of a lawsuit over an outstanding legal bill in a civil proceeding in SC? |
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#5 |
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Posts: n/a
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He can ask the court for permission to do so but must get permission if you cannot agree.
The court will usually let him go eventually but not always immediately. |
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#6 |
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Posts: n/a
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I HATE TO BE NEGATIVE , BUT MOST LAWYERS GET AWAY WITH MURDER AND HAVE NO ACCOUNTABILTY, THE DISCIPLINARY BOARDS THAT HEAR THE COMPLAINTS ARE LAWYERS AS WELL AND THEY WILL NOT DO ANYTHING TO HARM THEIR FELLOW LAWYERS(All you have to do is look at the number of compalints versus the number of reprimands and it is obvious that lawyers can say or do anything with no recourse.) YOU ALSO MAY NOTICE THAT YOU WILL FIND NO RESPONSES ON HERE THAT SAY SUE YOUR LAWYER. YOU WILL BE HARD PRESSED TO FIND A LAWYER TO SUE ANOTHER. THEY WILL SUE ANYONE BUT ONE OF THEIR OWN.WHY IS THAT?
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#7 |
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Posts: n/a
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Well that is not quite true. Every substantial sized city has lawyers that make their entire career by suing other lawyers.
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#8 |
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Posts: n/a
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In Chicago I could not find one who would sue .I was asked many questions,and when it was found out that it was a family court case everyone instantly said no. And like I said the number of complaints versus the amount of disciple actions issued is heavily lopsided . So it is obvious that board is looking out for the lawyer and the burden of proof if quite high. The numbers speak for themselves. Look at complaints against judges. It is the same. In Illinois they have said they "made a mistake" and the complaint was dismissed. Also if the judge steps down the case is dismssed.That way they can go back to being lawyers untarnished.
The problem is the damage has been done and the legal system suffers and there is no recourse because the board dismissed the case against them. How convienent. I suggest you get your head out of the sand |
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#9 |
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Posts: n/a
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Maybe your case just wasn't as good as you think??
Happens. |
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