If you are getting divorced and you have no resources i.e. ready cash, or means of getting it, can your solicitor demand money up front when you have said you will pay when divorce is all finalised? not entitled to legal aid
2007-01-17 21:40:26 · 11 answers · asked by captain jack 1 in Family & Relationships ➔ Marriage & Divorce
Absolutely and with good reason. Any experienced attorney worth her salt will ask for a retainer or money up front. It will be deposited in an account that is only for you. As money is spent on your case (filing fees) or as the attorney earns money by working on your case money will be withdrawn from the account and deposited into the attorney's office account. Any money left in your account at the end of the case will be returned to you. Some lawyers will ask you to maintain a certain amount in your account at all times.
It may seem that requiring money at the start of the case prevents some people from getting legal help. However, you would not believe how many people don't pay their lawyer at the end of everything. Lawyers can work hours and hours, miss time with their families, work on weekends, win your case and in the end people just don't feel like paying.
One way to deal with this is to ask for money to cover legal expenses from your ex if you expect to recover money at the end of the case. You can ask for the judge to order an initial payment to cover legal expenses.
Good luck.
2007-01-17 22:53:18 · answer #1 · answered by CV 3 · 0⤊ 0⤋
This is common practice to ask for a retainer up front. This shows him that youre serious and he wont be wasting his time. Alot of attorneys would get stiffed if they didnt do this. Even though this usually puts a financial burden on people, it really does show the person needs serious help. He has no guarantee that your finances will be any better off at the end of the divorce and that he will actually get paid. Instaed of an attorney with their high price, I suggest finding a Paralegal who actually does the attorneys paperwork and is a whole lot cheaper and is just as good as the attorney. You can also advertise for an attorney to do it "pro bono" (free), but this could take some time. You may also contact a local university with a legal dept. and see if they would be interested to take your case on as a special class project. I know this sounds unusual but then you need help and cant afford to get it and dont have alot of choices. Besides this would be turned over to the senior class who are just a few months from becoming real attorneys. This does happen. Good luck
2007-01-17 21:56:40 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
I think solicitors can do anything they like. They are best at taking your money. My ex wife's solicitor gave me a ten year breakdown and I had no redress against the constant bullying and threats from them. And they knew it! Divorce solicitors are all out for themselves and with the full protection of the law they can and do tear families apart. Yes they can and will take your money up front!
2007-01-17 21:51:23 · answer #3 · answered by Spiny Norman 7 · 0⤊ 0⤋
Look if you think people are going to do professional services for you for nothing you are out of your mind. Get an extra job and pay these people, until they get paid they are not going to do anything. That is just the way it works. Quit trying to get things done for nothing. Sounds like you are a free loader. Life does not even work like this.
2007-01-17 22:47:03 · answer #4 · answered by Rooster 1972 5 · 0⤊ 0⤋
That's the normal, I'm afraid - they hit you with a huge bill before doing a thing. The same happened to me, I complained and said I wanted everything itemised, and would operate on a Pay As I Go basis, and they agreed to that.
Talk to them. They will want something, obviously, but most are pretty reasonable. They just don't want to be stiffed.
2007-01-17 21:45:51 · answer #5 · answered by RM 6 · 1⤊ 0⤋
They can to cover the inital costs. If you have no money at the start of the divorce he/she should advise you to apply for Legal Aid.
2007-01-17 22:09:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes, and it is normally for disbursement for cost incurred in applying for documents involved with the case.
They may also asked for a portion of the fee. It is quite normal.
Good Luck
2007-01-17 21:46:21 · answer #7 · answered by sonisunny 3 · 0⤊ 0⤋
The matter is between u 2. How will run his kitchen in the mean time?
2007-01-17 22:07:29 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I think solicitors can do almost anything they like. It seems they are a law unto themselves.
2007-01-17 21:45:28 · answer #9 · answered by Anonymous · 0⤊ 0⤋
That's his first job.
2007-01-17 21:47:39 · answer #10 · answered by Kool-kat 4 · 0⤊ 0⤋