I have a verbal contract with a lawyer in the amount of 10,000 to be payed 1,000 per month for 10 months. in return, the lawyer has agreed to represent my husband. the lawyer has done a less than acceptable job of representation but still i paid him 1,000 per month for the first 8 month's. i am currently 2 months behind and financially unable to pay him the remaining 2,000 at this time. my husband will be sentenced on the 15th of this month and the lawyer says he will not show up if i do not pay him the balance. does he have the right to not show up in court.
2006-09-11 05:21:09 · 15 answers · asked by EricaS 2 in Politics & Government ➔ Law & Ethics
in the usa and i know i overpaid the original contract was for 20 g's. good thing i didnt agree w/ that one
2006-09-11 05:27:29 · update #1
Take your complaint to the local Barr association...
2006-09-11 05:27:08 · answer #1 · answered by fairly smart 7 · 1⤊ 0⤋
He can not show up because you failed to pay him BUT he must first file a motion with the court to release him from the case or he will get in trouble with the court. It will be up to the court whether they will release him or not. More than likely the court will say he can go.
Because you paid him $1000 a month for 8 months he has fairly good evidence that you two had a type of agreement for payment. However, his failure to get it in writing (which astounds me) may work in your favor. Whether or not he overcharged you will not matter to the court. If you entered into a bad deal (bad for you that is, not illegal) then too bad. Court do not protect people from making financially bad decisions. Next time, shop around.
If you can't afford an attorney, try to get your husband to accept a public defender.
2006-09-11 05:49:46 · answer #2 · answered by J T 3 · 0⤊ 0⤋
Basically you have broken the employment contracts and, thus, he has the right to not show up. However, it is rude and, by most rules, unethical to leave your husband hanging. Get an itemized bill from him and see what you have paid for - and tell him your situation financially. Obviously with your husband out of work, you can't maintain the payments in full, but possibly you can work out a lesser payment plan with him. This is why I read Fee Agreements thoroughly before signing them. He can "not show up", but I don't think he will - he's been representing your husband with the judge a long time and the judge would frown on his behavior as well.
2006-09-11 05:29:44 · answer #3 · answered by SUZI S 4 · 0⤊ 1⤋
In most states, the lawyer is ethically bound to continue with the case. It would probably be sufficient to remind the attorney of his ethical duties regarding withdrawal, and that withdrawal so close to the sentencing date would need to be with permission of the court.
In addition, in most states, the fee contract is of sufficient amount that it should have been in writing because of the ethical requirements governing attorneys (not the rules for written contracts generally).
Often, just reminding a lawyer of the ethical requirements of the profession, and the possibility of being disbarred for violating them, is enough to get them to stop playing games.
2006-09-11 06:35:56 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
If in the U.S., then he has obligations to continue, unless a judge releases him from the obligations. He's also obligated to provide his best efforts - so if he's not doing so now, and you can DOCUMENT his failures, that will be important when he sues you, after your husband's case is over, for the money you owe. You'll want to counter-claim that he failed to provide adequate counsel - which will be a strong claim to make if you are permitted to appeal your husband's conviction after this guy is done.
Be sure to talk to the clerk of the court where you're involved and make sure of your rights on this.
Good luck!
2006-09-11 05:30:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In my jurisdiction, contracts for legal representation for more than $3000 or so have to be written. I don't know where you are. a verbal contract is not really enforceable, because it leaves you with 'he said, she said'. If that is the extent of your contract, your lawyer certainly can NOT show up.
2006-09-11 05:26:22 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Yes, I'm sorry but he can withdraw from the case for various reasons. It may be legal but not very ethical or moral. What's to say he can even do the job of representing your husband? It's just too late now to hire someone else, because you'd be right back in square one. Best thing is to talk with this man and see if you can reach a soft spot in his heart.
2006-09-11 05:25:28 · answer #7 · answered by skyeblue 5 · 0⤊ 1⤋
"convinced", for sure. i'm a touch at a loss for words.... you're saying you get carry of paid, so how might want to you imagine that "No" might want to probably be the right answer? (basically as an aside, i ask your self why the legal professionals place of work even cares in case you get carry of paid or no longer.) Richard
2016-11-26 01:13:07 · answer #8 · answered by mansell 4 · 0⤊ 0⤋
Absolutely, If you are 2 months behind YOU didn't keep up with your end of the contract. Don't expect service for free! Sheesh
2006-09-11 05:51:46 · answer #9 · answered by theblackenedphoenix 4 · 0⤊ 0⤋
I would contact your local County Bar Association or the State Bar Assn for some advice.
2006-09-11 05:43:54 · answer #10 · answered by gator girl 5 · 0⤊ 0⤋
What country?
In the USA he still has to show unless he has a court order allowing him to withdraw as attorney of record.
2006-09-11 05:24:44 · answer #11 · answered by Anonymous · 1⤊ 0⤋