I've been the plaintiff on a paternity case since 2001 which the defendant made matters more complicated by refusing to settle this matter as per the previous agreement with her prior lawyer.After 5 years of my attorney and her attorney B.S now they are coming after me for fees . im due in court next week and my attorney is refusing to seek fees on my behalf ,appeal and ask for a change of venue when i go to court next week ?
2006-08-03 14:24:55 · 5 answers · asked by uemelater 1 in Politics & Government ➔ Law & Ethics
You are free to fire your attorney at any point.
If you choose to do so, he/she must turn over your case file to you or your new lawyer at your request.
If your problems with your attorney are good faith, the court should grant an extension for your new attorney to get up to speed on your case.
You should call another attorney, explain the situation and see if he/she will take the case. Good attorneys will consult with you free of charge. If one wants a fee for an initial consultation, seek another.
2006-08-03 14:31:51 · answer #1 · answered by dizneeland 3 · 0⤊ 0⤋
Dizneeland is correct.
As to change of venue, that only determines where the court proceedings would happen. The primary reasons to change venue is because of availability of witnesses and evidence, or possible problems with a pre-influenced jury pool. Neither of those seem to apply here.
If the lawyer is refusing to do as you instruct, and it's not a matter of what you're asking isn't allowed, then they are potentially in violation of their ethical and fiduciary duties. You can always notify the court yourself (or through another attorney), rather than appealing to a higher court, to resolve the problem. But such motions generally must be filed quickly after the final judgment, so don't waste time.
Also, remember that attorney's fees may not always be available, depending on the type of case. Generally, unless either a statute or contract specifically allows for recovery of attorneys fees, they are not often recoverable. So, before you make a big deal about your attorney not asking for attorneys fees, you should make sure that your type of case and your situations allows for that remedy.
2006-08-03 16:29:25 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
tou are free to fire your attorney and replace him or her an any time. But did it ever occur to you that your attorney might be right? Maybe you have no grounds to recover fees. Maybe an appeal has not merit. Maybe it is too late to change venue after 5 years.
You can always get a second opinion, but you should have acted long before now.
2006-08-03 16:46:25 · answer #3 · answered by Carl 7 · 1⤊ 0⤋
You can hire another lawyer but you have to pay first the fees of your previous lawyer.
2006-08-03 15:24:27 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
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2016-12-14 19:03:35 · answer #5 · answered by ? 2 · 0⤊ 0⤋