What happens when you can't pay your lawyer?
It really depends on your situation. Most times, lawyers take steps to protect themselves prior to beginning work for a client; we'll talk with you about expected costs, make sure that everyone is on the same page, and take a retainer up front for clients that don't have an established history of payment. That way, if the first bill or two goes out and you don't pay, we're at least covered for some of the work we do.But despite the best intentions of everyone involved, occasionally a client's finances take a turn for the worse, and a few months into a matter, they no longer have the ability to pay legal fees. If this happens to you, the best thing you can do is bring the development to your lawyer's attention immediately. If you are straightforward and honest about your situation, many lawyers will at least attempt to work out a reasonable payment plan or settle a debt. Some may even be willing to convert a case to a contingency fee or blended rate to reduce financial stress on the client.But unfortunately, many clients who run into financial difficulties either (1) make excuses and promise payments that they later fail to deliver or (2) begin hiding from their lawyer. And if a lawyer is doing work for you based on a misguided notion that he or she going to be paid in full, you'd better believe that they will not be in a generous mood when the truth finally comes out. There, a debt for legal fees is going to be treated just like any other debt, with the lawyer either suing/initiating arbitration and seeking a judgment or placing a lien against the debtor's assets. Lawyers don't like suing their clients, and most will try to work something out, but clients who are seen as taking advantage of their lawyers garner no sympathy.
In a civil lawsuit settlement, what percentage of the award generally goes to the defending attorney?
First of all your terms are wrong.A plaintiff receives an award. The defendant pays the award.What I think you are asking has a short but incomplete and possibly misleading answer: 33 1/3%There is no fund of money from which to pay a defending lawyer.A plaintiff's attorney may work on a percentage or contingency basis, or they can, less frequently work on an hourly basis and sometimes there is a hybrid.For example, often plaintiff attorneys will take 33 1/3% of the gross recovery as a fee if a case settles without trial. Sometimes the percentage goes up when suit is filed, sometimes only if the case goes to trial . Plaintiffs attorneys also deduct litigation expenses in addition to fees. Illinois' Rule of Professional Conduct address this; I assume other states do as well.In work injury cases the percentage is set by statute and can range from 10-25% depending on the state.In some cases such as Social Security Disability claims, the plaintiff/claimant's lawyer submits an itemized bill of hours worked and the ALJ ( Administrative Law Judge) will set the fee based on the work performedIn a subrogation case, where we are trying to get money back from someone, it is not unusual to bill by the hour with a cap. Alternatively there can be a flat fee for the plaintiff attorney.But the person who is representing the party who pays, meaning the defendant is paid either hourly or a flat fee unless he/she is an employee of the defendant is which case he gets a salary.It is unethical to tie a defense attorney's fees to the amount of the settlement or award. It puts him/her in a conflict with their own client's financial interests.
Can you sue your lawyer?
Sure - though you probably want to get a different lawyer to represent you in that suit. ;)Many people sue their lawyers for malpractice, and nearly all lawyers carry malpractice insurance in case of such an eventuality. Malpractice is difficult to prove, though… merely losing a case or transaction isn’t enough - after all, in any suit, someone has to lose. Instead, it has to be something egregious… and even then, it has to be egregious and material to your case. I’ve heard of a lawyer who showed up drunk to a trial… the trial was merely delayed by a week, and the defendant lost his malpractice suit. On the other hand, I’ve heard of a lawyer who missed a deadline to file a paper by one day, and ended up with a huge malpractice suit because there was nothing that could be done to fix it.And then, of course, you could sue your lawyer for non-malpracticey things like breach of contract (for, say, not doing work that you paid for), or assault (when they smack you for asking them to sue themselves, for example), or anything else.But, uh, not for answering questions on Quora.
Can I sue someone without a lawyer?
Yes, of course. Whether you can successfully sue someone without a lawyer will depend very much on the circumstances of your case and your own abilities.Frequently, people want to sue without a lawyer because a lawyer will not take their case. If you have gone to a number of lawyers and none will take your case, please be sure you actually have one before you sue someone.The other main reason people don't use a lawyer is an inability to afford one in cases which are not eligible for contingent fee. I suggest that you make sure you understand what you are doing if you go forward in any place but small claims court on your own. I am not saying don't. I am saying make sure you understand the process first. Make sure you know what you are in for and what will be expected of you before you start. Litigation is challenging for even the folks who have been doing it for many years. And the other side will probably have a lawyer.
Can you sue a resturaunt if the waiter drops a glass and it cuts you?
I think you first must try to resolve the matter directly with the restaurant before you can pursue suing them. Most businesses would be responsive and would pay your medical bills, maybe a little more. But in order to sue, your injury must have been significant, or no lawyer would take the case on a contingency basis (for about 1/3 of your award.) If you sued via paying the lawyer an hourly rate, you would be chancing losing that amount of money.
How do i go about suing My mother in Law for breaking up my marriage . ?
My wife has applied for divoce proceedings to take place she has taken my daughter and moved to another flat further from where I am with her Mother .Can I sue my Mother in Law for messing up our marriage for the last two years .I had to scramble to find another place to live thrown out of my comfort Zone I shared with my Daughter now she is making all kinds of demands on maintenance payments .I have not seen a single piece of paper from her so called lawyer.I want to support my child as she is mine and not support my ex wifes mother who is not working .The last 4 months have been so traumatic guys I really need good advise please try and help I am doing better though 13 years of Marriage is now down the drain Thanking you in advance Captain Cool
Bank of America has hired a law office to sue me for $3,500.?
Thanks a lot for all your answers. The party who is calling my parents and sending letters is not B of A. It is a firm called Phillips & Cohen. Both letters and calls are threatening. Also, one very important thing I need to know... how can I get some bargaining power witht them? I have no money right now to pay back. I can't afford an attorney. When I go to court, how can I represent myself against them? Thank you
What happens if you are awarded $100 million in a lawsuit but the defendant has no money to pay?
The question provides no detail. So this answer assumes that “no money” really means “no money” and no insurance policy and that the judgment debtor is completely uncollectible, which is not uncommon. Perhaps the judgment debtor lives under a bridge.In the future, don’t sue people dependent exclusively on pensions, social security or public assistance, members of organized crime, the homeless (or “couchsurfing”), scam, fraud or bunco artists, the guy on the street who does the “three-card” trick, people who transact business solely in cash or stack cash in their closet, the guitarist on the street with an open case who plays bad songs, people now or recently in bankruptcy or have filed bankruptcy more than once, people who have recently been thrown out of their homes or had cars repo’ed, people who live in areas you would not feel safe traveling to, people who borrow and mooch and freeload constantly, or others who never have money. These people are all immune from suit. The law doesn’t say that. But you can’t hurt any of them financially or collect if you sue them and prevail. None of these people have attachable assets, and you can’t possibly prove that they do. Your lawyer should know this (as should you).If the now-judgment debtor had money to pay you at the outset (or within a specified time before your claim arose) but gave it away or hid it, or in any way made it more difficult to collect, you may have a claim against your judgment debtor (and whomever was the recipient of the wealth) under the Uniform Voidable Transactions Act, a form of which is enacted in all 50 states. There is a rough equivalent in the Bankruptcy Code. The UVTA is complex so get, and be prepared to pay for, legal talent.
I am being sued for a million dollars for a fender bender?
1. Call your insurance company immediately. Let them know you have received suit papers. They will hire an attorney to defend you. That is part of your policy and the defense attorney fees are not subtracted from your coverage limit. They are paid in addition to your coverage limit. You can choose to hire your own attorney (and pay him out of pocket). But you really don't have to. The one your insurance company hires to defend you will be competent. 2. When you get a law suit. Time is of the essence. When a law suit is filed, you have 30 days to get an answer on file. The clock starts running when you get served. So....if you have not notified your insurance company of the law suit....call them now. The insurance company will need to know when you got the suit papers and how (process server or certified mail). 3. Law suits are always over the top. Don't get too worked up about the allegations. I know that's hard to do. But your insurance company and the defense attorney have seen this stuff before. And the "Loss of Consortium" (aka....loss of nookie claim) is standard language in a law suit. The litigation process is slow. Just follow up with your attorney and adjuster from time to time. If you move or change phone numbers - make sure you give your adjuster and attorney the updated info. 4. Ask your adjuster and the defense attorney any questions you have. There is no such thing as a dumb question. That's what the adjuster and attorney are there for. Let them know about any concerns you have or any information you think they need to know. The vast majority of these cases settle outside of court. You go through discovery...and often times mediation. Very few law suits actually go to trial. Your adjuster and defense attorney can give you a better idea regarding the specifics of your claim.