We have an on going law suit that is on a Non-Contingency basis. We have paid out over $8,000.00 over 5 years. Can the attorney get himself dismissed from the case for lack of funds? Lending legal companies won't fund unless on a contingency basis with the firm. One lending company told us that they thought the Defendants weren't viable if collection became necessary yet, one Defendant has offices throughout Canada and the U.S. The other Defendant has offices throughout the U.S. and Europe. We have an Affidavit stating that we could have done in the 8 digit figure in revenue which we lost due to the Defendant's actions. We have Libel, Breach of Contract and various torts. Discovery and Depositions have been completed. Now into the Damage phase but the expert needs a $5,000.00 retainer. The Defendants motion to dismiss has been denied. Now the attorney needs funds to continue and the "well-is-dry". Can he get dismissed..?
2007-05-01 03:26:43 · 4 answers · asked by s_c60 1 in Politics & Government ➔ Law & Ethics
I've seen it happen, yes. It all depends on the individual case. You are on a non-contingency basis as you said, so all the costs are your responsibility. Expert witnesses always want their fee up-front, and have the right to be paid up front or not testify. The attorney needs the money to give the expert, and since you are not on contingency, you have to come up with it. Will he get dismissed? Possibly, it depends on the case and the judge, but know that the Court certainly does not expect the attorney to work for free.
2007-05-01 03:36:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes. Without the funds to go on with the case there is nothing he can do. He is not going to spend his own money. And he not going to do work without getting paid for it. I am sorry to tell you. To an attorney, his time is money. That is how they make a living. Working in a law office $8,000. over 5 years is not bad. I see clients rack that up in less than 1 month... and definitely in 1 year.
2007-05-01 10:38:44 · answer #2 · answered by HappyGoLucky 4 · 0⤊ 0⤋
you are going to have to find a family member or friend to loan you the monies, this is very common in civil suites
certain defendant who clearly are in the wrong, can allude a civil suit by making the plaintiff spends thousand of dollars to pursue the suit, if the monies run out the case is adjourned and nothing happens
2007-05-01 10:53:04 · answer #3 · answered by goz1111 7 · 0⤊ 0⤋
Yes he can. But the Court or the attorney should refer you to someone who can take over.
2007-05-01 10:30:31 · answer #4 · answered by Big Bear 7 · 0⤊ 0⤋