Is my lawyer giving me the run around?
I currently have a slip-and-fall case going on, it's been over a year and a half since the incident and since I hired my lawyer. Now, I don't know much about this stuff, but it seems like he's giving me the run around. He won't give me any information about the case, I don't even know the amount he's asking for, or if we've settled or if we have to go to court or what. Everytime I call his office, he's on vacation or he's busy or he's sick, I haven't actually spoken to him in months, only his paralegals, I've gotten a few emails from him but most of the time he says he's gonna call but never does. I'm the client, I should have access to some sort of info, shouldn't I? So, does this sound shady to anyone? Should I get a new lawyer, and is that difficult to do? Thanks in advance.
College is giving me the run around?
I gont a grant from the government and i got financial aid. problem is I was in a car accent and fast forward I was not able to attend class I never went due to being in hospital. now the school is telling me that i owe them money when i never took a class. and now i cant qualifiy for anything not even another grant untill i pay them the insane mone and the dean and the financial aid office is will not get back to me or give me my money back or tell me how to handel the situation. Every on is like Oh well and i am very close to going postal on that office please help i dont know how to handel this situation. I know what ever is going on it isn't right. Some one please help and tell me how to handle this. Should I get a lawyer who do I call. I have already talked to the dean and financial aid office and they are bullshitting me passing the buck back and forth.
Is my attorney giving me the run around or is this normal?
A little background: I was in a car wreck in August of 2006. I was stopped at a red light and a guy hit me going 45-50mph. I have a couple slipped discs in my back, had severe whiplash, and 2 protruding discs in my neck. I have been through all kinds of treatment. My doctors tell me that I will eventually (10-15 yrs) have to have surgery on my back. I haven't had any treatment in over a year. My attorney knows all this information and it seems like he is dragging his feet about things. Should attorneys (or their assistant/receptionist) call clients when there is something they need for the case? - An example would be, the insurance company of the guy who hit me is wanting proof of lost wages. Luckily I called to check on the progress (which I have to do, or I'd never hear anything from them) and his wife (the receptionist) tells me that they got a letter 3 or 4 weeks ago requesting this information. Shouldn't she have called me? So I take up the proof and call them back 4 weeks later to see if the company accepted that, and the attorney hadn't even looked over it let alone faxed it. I've tried calling to talk to my attorney and his wife says he'll call me back, which he never does. Then when I schedule an appointment with him he talks in circles (which might just be an attorney thing) and then starts talking about other cases he's been on. I just want to know what other people think... is this normal? Or do you think I should try to find a new attorney? I'm just afraid that he's going to wait to long and I'm going to be stuck with all these bills and no compensation. Any help/advice is greatly appreciated!! Thanks!!
Why is a debt collections law firm giving me the run around? HELP!?
You need to know about some of your rights first. There is what is known as the Legal Statute of Limitations. This is the period of time a creditor has to sue you in a court of law for the money. This does vary by state and type of debt, but is in the range of 2-6 years for things such as Credit Card Debt. The date starts from the date of last delinquency. So if you are outside of the SOL they can do nothing to force you to pay anymore. The second thing is the reporting period on your credit report. This is 7 years from the date of last delinquency. So if this is in fact 6 years old it will be removed in a year. Some people are under the impression that it can be put back on there forever, but this is incorrect. Once the 7 years is up it can never be put back on your report. If you had actually paid the company in 8/2007 you may have reset the SOL. But since they returned it, that could be a good thing as I beleive you did not actually reset either of the counters. If you actually signed an agreement to pay you may have reset the SOL, but if you have not you may be out of the SOL and just want to wait the year to let the debt fall off naturally.
I'm going to court for a child custody hearing. My ex has a lawyer, I cannot afford one. Am I at a huge disadvantage?
Yes and no. You'll feel confused and frustrated when it comes to procedural requirements and customs in court. The attorney may use this to his advantage. But, if the judge is smart, and if you're smart, you can use it to your advantage. Judges typically give a lot of room for pro per parties. I almost lost to a pro per opponent because the judge gave her a lot of room to do what she wanted while I played by the rules. If you're smart it can become a David and Goliath situation where the other side is perceived as having the advantage and you become the underdog everyone roots for.Here's my advice:Be exceptionally but authentically polite. Be gracious to the court staff, the bailiff, and the Judge. Respect is the name of the game.If you don't know something, respectfully ask it to be explained. Example: "You're honor, I am not sure what you're asking me, or what that phrase means, could you clarify?" Always feel free to ask how to do something. Example "Your honor, may I say something about this now?" Or "Judge what is the next step?"Use your emotion and authenticity to your advantage, but DO NOT OVERPLAY YOUR HAND. Display your care and concern in the situation, but do not yell, get angry, say negative things about your ex, or anyone else. Keep the focus on the children, and the matter at hand. If you lose control you lose the case.Never interrupt the judge or the other party. NEVER. He will give you a chance to speak. No matter what is said, don't eye roll, make physical gestures, laugh, gasp, cry, sigh, pout, etc.Never address the other party or the other attorney. Always address the Judge directly. If the other party asks you a question while you are NOT on the stand as a witness, do not answer. Allow the Judge to address you.To keep yourself sane, bring a notebook to make notes, look at your notes or at the judge. Don't look at the other party. Don't talk to the other party.Although you must be polite and respectful, DO advocate for yourself. When it's your turn to speak, do say exactly what you want to happen and what you want to be known, again, without losing control, but by saying it firmly and with authenticity.If you have documents to discuss, always identify them clearly before referring to them. Ask to approach the bench or ask if you can give them to the bailiff rather than just walking up to the judge.
Do lawyers have their own lawyers?
There's an old saying. “A lawyer who represents himself (herself) has a fool for a client.”I'm a lawyer. My specialty is white-collar crime. It is a very difficult field and the stakes are very high; federal prison time and/or fines in the tens of millions of dollars. In one case I worked on, the possible fine was over $1 billion. But I would hesitate to represent anybody in any matter outside of my area of expertise. A good human resources manager can run circles around someone who does not have experience in labor law, for example.And I would never represent myself. So when I got divorced a few years ago, I asked around for recommendations. It seemed like a very simple case but I was too emotionally involved. At first I tried to speak with her lawyer, but the conversation did not go well. So I took the advice of friends and hired a lawyer.Here is my own opinion about why a lawyer should never represent himself or herself. When I'm involved in a case where the stakes are very high, I am able to stay objective. But when I am the one facing the consequences, my judgment goes out the window. Despite popular opinion, lawyers are only human. When custody of my daughter and support are involved, I would rather seek the advice of a professional. It was not entirely painless, but in the end I think it was worth paying him to handle all the headaches.The last time I was in family court, a well-dressed and very polished man walked into court with his attorney. He was a high paid attorney at a multinational law firm. I looked them up. I will not name names, but he was a very successful and very well-paid litigator. If he thinks it's a good idea to hire an attorney, I think it's a good idea, too.Lawyers are expected to have income. If I were to represent myself, people would wonder why I don't have enough money to hire a lawyer.Overall, I think it's the stress, hassle, and headaches that come with being involved in a court case that hiring a lawyer can help to alleviate. As always, this is not legal advice, but anecdotal evidence suggests that it is better for an attorney to hire an attorney.
Do most lawyers give an hour long free consultation? What usually determines if a lawyer will give one or not?
It depends on the lawyer and the practice area. As a legal ethics attorney, I normally will have a quick, and I mean quick, call on the phone with potential clients to determine if they should come in for a formal consultation. I also want to run a conflict check. If we move on to a formal consultation or they come in to see me, I charge for the consultation. The charge is the same as I charge for one hour of my time, but I will allow the consultation to continue past an hour. If the person retains me and I expect the matter to be lengthy, I put the original one hour fee towards my retainer. In other words, people who retain me for a matter that will be more than a couple of hours, get a free consultation.If I am talking to someone about a legal malpractice case, the consultation is free. The same goes for all of the lawyers in my firm, who handle personal injury cases of various types. That is, car accidents, medical malpractice cases and so on. I doubt you would find a personal injury lawyer in the US who would charge a consultation fee. The reason for this is that these cases are handled on contingency, i.e. the lawyer only gets a fee if he wins the case.Most family law attorneys that I know will not offer a free consultation. This is to stop people from wasting their time, or to stop those who are getting consultations simply to prevent the soon to be ex spouse from hiring any of the lawyers in town by creating a conflict.Other types of lawyers really vary. Some charge a lesser fee than the usual hour fee, even something along the lines of $25-$50, because it really does dissuade people who are looking for free advice. Others charge a full fee for the time spent with the clients. The only way to know for sure is to ask the lawyer before the consultation.
Someone wants to give me a car. Should I get a lawyer involved?
No need where I'm at, I could just contact my police department and they can run the car through the system.Ask around, the vin number will let you know. Plus I've been to the FBI for advise as well on people. Asking around is great.Worse case is they say you'll need to get help from a lawyer, and have to pay.
What happens if my lawyer doesn't show up in court?
It depends upon the nature of the proceeding - civil or criminal, and also depends on whether you show up. In a criminal case, in almost all instances the defendant will be required to be present in the courtroom. In those rare instances in which the attorney’s appearance will substitute for the defendant’s appearance, the failure of the attorney to appear, and you don’t appear, a bench warrant for your arrest will be issued for failure to appear in court at the date and time ordered. If you are out on bail and fail to appear in court, the failure to appear cancels your bail and a warrant for your arrest will issue. If you appear in court and the attorney fails to appear, you should ask for a continuance based on absence of counsel. This will almost always be granted. However, a judge could be difficult and assign a public defender to represent you at that moment and direct the case to go forward. This would be highly unusual in all but a minor offense, such as a traffic offense, in which a conviction would not result in jail time, but only a fine.In a civil case, failure to appear can result in a default judgement in favor of the other party. Default judgements are not final until a 30-day period has run, during which your attorney could file a motion to set aside the default judgment and request a new trial date. For example, if you attorney was representing another client in a different matter and the trial unexpectedly ran an extra day, that would be a reason for setting aside the default and rescheduling. However, the judge would still be upset with the attorney’s failure to notify him/her of the schedule conflict. At a minimum, you would have an angry judge that could take it out your side when the trial actually occurs at a later date. Or, the judge could find the attorney in contempt and order the attorney to pay a fine, immediately, or even put the attorney in jail for several hours.The lesson here is always appear at your trial date and time, even if not required to do so. If neither you nor your attorney show, the consequences to you could be arrest (in a criminal case) or dismissal of your case if you are suing someone in civil court, or loss of the case if you are a defendant in a civil case.