3 kids 12 10 and 3 please help asap
2007-09-08 07:23:18 · 6 answers · asked by g93004 1 in Politics & Government ➔ Law & Ethics
Typicallly, family lawyers do not take contingency cases. Contingency does not only mean you only pay if you win, it means there has to be money in the winning for the lawyer to be paid. So unless there is a large amount of family property to be liquidated and divided that the lawyer can be guaranteed that he/she will be paid, you will not find one to take this on a contingency. (My firm will represent someone on a family matter with no money upfront if there is a family home to be sold and divided or a lump sum spousal payment as this money changes through lawyers hands and the lawyer can be guaranteed he will be paid.)
I assume this is not a trial or anything, merely the first hearing date of a motion for custody or support or something? If so, it is VERY likely the matter will be remanded to another court on another date for hearing when it is on the docket on Thurs. If so you are in luck. Show up, tell the judge/magistrate/clerk that you need time to find a lawyer. The matter will be put over several weeks on the condition that if you do not retain counsel by that time the matter will proceed.
Then, get on the phone and call family lawyers. I do not think you will find one on a contingency, but you can likely find one that will take monthly payments in the form of postdated cheques. While you may not feel you can afford a lawyer, trust me, you cannot afford not to have one...they will save you time, money and headaches in the long run.
Also, if you maybe, on the face of it, don't qualify for legal aid, legal aid will in some circrumsatnces appoint you counsel but ask that you make a percentage contribution to the costs or place a lien on a home such that when you sell the home they recoup their costs.
2007-09-08 07:41:34 · answer #1 · answered by elysialaw 6 · 0⤊ 0⤋
It is against the ethical rules in most states for a lawyer to take a domestic relations case on a contingency basis. You will have to pay the lawyer a retainer to take the case.
If the case has been pending for a long-time, it is unlikely that a lawyer will enter unless the other side is willing to agree to a continuance. If the case is new, a lawyer might be willing to enter as the court would be likely to agree to a continuance of a newer case.
Bottom line, you need to get out the phone book and start calling attorneys in your area. As you did not mention where you live in your question, posting your question is not going to get you any attorneys.
2007-09-08 08:20:53 · answer #2 · answered by Tmess2 7 · 2⤊ 0⤋
Nobody on here can help you, get on the phone on Monday and call family lawyers until you find one willing to take your case where you're located.
If the date is set for next Thursday, you've had a ton of time to get someone to represent you, haven't you? If not, simply appear at the time and place and ask the judge for a continuance telling him you have not had adequate time to retain counsel.
You'll need to pony up a fee, there's no such thing as contingency for divorce lawyers. Scrape together some cash and offer payments for the balance, only way you're going to get someone.
2007-09-08 07:29:52 · answer #3 · answered by Anonymous · 1⤊ 0⤋
You can't get a divorce lawyer on contingency. There has to be a lawsuit that will end in a cash settlement such as personal injury matters and torts to get a lawyer on contingency.
2007-09-08 07:34:45 · answer #4 · answered by Eisbär 7 · 1⤊ 0⤋
Here you go: http://servicesarticles.com/Ask-a-Lawyer.html you may submit your case after that, they'll post it to their lawyers who will reply with a definite answer.
You then consider who to hire. It's a no-cost service till you go ahead.
RE:
need lawyer on contingency basis. divorce and child custody court date set next thurs.she has lawyer i do not?
3 kids 12 10 and 3 please help asap
2015-03-08 14:06:28 · answer #5 · answered by Anonymous · 6⤊ 0⤋
You are a little slow on the uptake. You should have had a lawyer long ago.
You can ask the court for a continuance to obtain an attorney! Don't expect a second shot! YOU HAVE TO DO IT IN WRITING WITH A COPY SENT TO HER ATTORNEY. On the bottom it must state that on this date I send counsels of record a copy!
Actually I would call her attorney and see if you could come to an agreement as to a continance as you have waited far to long! Ten days prior to a hearing is the normal requirement for submissions!
Lawyers don't pop in and pop out. Those are usually relegated to prelims!
2007-09-08 07:33:59 · answer #6 · answered by cantcu 7 · 0⤊ 1⤋
You won't get one on a contingency basis. That's not the way it works. If you can't find one to represent you by next Thursday, at least appear and ask for time to get an attorney to represent your interests in the case. Best though to hire an attorney to represent you.
2007-09-08 07:31:17 · answer #7 · answered by oklatom 7 · 0⤊ 0⤋
It's not customary to do family law on a contingency basis, as you aren't looking at "damages." You'll probably need to find a lawyer who can represent you on an hourly basis. Good luck!
2007-09-08 07:30:00 · answer #8 · answered by browneyedgirl623 5 · 1⤊ 0⤋
FYI - Divorce attorneys do not generally take cases on contingency. Usually only personal injury attorneys (including wrongful death) take matters on contingency.
2007-09-08 07:28:50 · answer #9 · answered by Princess Leia 7 · 1⤊ 0⤋