How do lawyers get paid if both are working pro bono and the case gets thrown out?
I suspect what you meant to ask was what happens if a case gets thrown out and both lawyers are on a contingent fee arrangement (the lawyer gets a percentage of the award if they win, but nothing if they lose.)Interesting that you seem to think that a case getting throw out means both sides lose. Not at all. One side (the plaintiff) sues the other side (the defendant). A defendant is usually delighted if the plaintiff's suit gets thrown out. That means she has won, at least temporarily.More important is that I don't think I've ever seen a case where the lawyers on both sides were working on a contingency agreement. Usually only the plaintiff's side is structured in such a way that both the lawyer and the client are willing to enter into a contingency agreement. If the plaintiff sues for $1 million and his lawyer takes the case on a 40% contingency basis, if the plaintiff wins his $1 million, the lawyer gets $400,000 (I'm keeping this simple.) In that same case what contingency would the lawyer and the person being sued agree to. If a case for one million is brought against me and you win I'll pay you $400,000? It's possible I suppose but I've never seen it.
Can I get my money back from a criminal lawyer that hasn’t done any work on my case for three weeks, and he never calls me, and now he’s missed a court date?
Essentially, you want to receive a refund for breach of contract. In this case the breach was nonperformance. In most jurisdictions the contract is called a Fee Agreement. Getting a refund will depend on the terms of the fee agreement, the law and circumstances. In RI there is no requirement that fee agreements be in writing. In MA, a notoriously consumer friendly state, they are required to be in writing, making it easier for clients to recover in these situations. Proving the details of the agreement is one part, the agreed upon fee, and for what services. And then demonstrating performance, what you paid, and non performance, that he didn't do anything, is the other part necessary for you to compel a refund. I would also calculate and seek damages including the cost of arbitration if permitted and appropriate.In most written fee agreements, there will be an arbitration clause, saying that you agree not to sue your attorney in regular court, and you agree to go to arbitration instead. Absent a written fee agreement, the arbitration requirement could only apply if it is statutory, i.e. there is a law requiring that oral contracts between lawyers and clients be resolved through arbitration.The first thing you should do is contact the state bar association, and let them know you have a Fee dispute. They will tell you what to do, and probably refer you to competent counsel. Good luck.
Is it worth to hiring a lawyer for the shoplifting case?
Shoplifting, while a minor offense, is considered a crime of "moral turpitude" and could impair your ability to get a job in the future. This business of labeling crimes such as theft as crimes of "moral turpitude" is significant. In contrast, drug possession, potentially much more serious is not "moral turpitude." You could think of "moral turpitude" as a crime involving basic dishonesty, often economic. If you hire an attorney, you might be able to get this reduced to a lesser offense rather quickly. Most prosecutors are very busy and if you have either paid for the mechandise or returned it, you might also be able to get a deferred sentence and keep this off your record entirely. Your state may have another term for "deferred sentence", but it means the offense never gets reported if you do not have any other arrests for 6 months (in my state). Despite the cost, an attorney could avoid having this charge ever appear. Also, although 20 is very young, most people who have criminal offenses like misdeamnors have a lot of priors, but you don't. You're a good candidate for easy treatment by the court and the prosecutor. I have done these type of prosecutions, and based on what you've said here I'd be happy to make a deal with you through your attorney. Finally, hiring an attorney is an indication you take this seriously and the prosecutor will offer a better deal to your lawyer than directly to you. That's not necessarily "right" but that is the way it works.
How can I get back my retainer fee from my lawyer when she didn't do anything?
What agreement did you sign when you handed over the retainer? If the retainer was paid for tax law, and you were audited, and the lawyer declined to take the case after having been paid a retainer, they should return the fee. If they were paid a fee for tax law, and you never had a need of those services, and wish to get the retainer back, that’s a different issue.If you are due the fee back, and are asking how to get it back, one would assume you should start with asking nicely.Followed by polite discussions.Then asking less nicely.Then, if the issue can’t be resolved, and it appears you could get the money back (based on the agreement), you could consider hiring a lawyer. Though they are rare, there are usually at least one lawyer in any area that specializes in suing lawyers. I know more than one of those rare beasts. They are hard to find, and usually consider themselves a consumer-rights lawyer. They don’t advertise that they specialize in anti-lawyer cases, so they are hard to find, but I know they exist. You might have to make lots of calls to find the right one.
Do lawyers ever agree to defend a case on contingency?
The only cases I know of that are taken on a contingency are Civil cases where there is a settlement to be had. Defence in a civil suit on a contingency is rare, unless there is a counter claim to be had. I suppose if you were to win your defence there could be costs awarded, but those would be normal fees and not really worth the chance for the lawyer. I do not know of a single lawyer who would take a contingency on a $X, but rather a x%. It is impossible for them to tell how much work will be involved. If they agree on 10,000.00$, lets say, and they win but they put in 20,000.00$ work, they are still out. Contingencies are normally no higher than 33% if the matter goes to trial, and about 15-25% if settled out of court (the percentage depending on the stage of progression of the file. This normally ends up being higher than what a lawyer would have been paid per hour for the work performed, but that is what makes taking the risk of getting nothing worthwhile. You should carefully read any contingency agreement you sign, which should set this out. If a lawyer tries to get a verbal contingency, ask him for an agreement in writing to be signed by you and him. You should also be aware, that win or lose, a lawyer will still charge disbursements, which are his/her out of pocket expenses like postage, fax and copying charges, fees to file documents in court, fees for searching and ordering documents, courier fees and the like.
How can I get my retainer fee back from my lawyer when she stopped communicating with me and never actually accomplished anything with my case?
“How can I get my retainer fee back from my lawyer when she stopped communicating with me and never actually accomplished anything with my case?”First, remember that you were (probably) actually paying for work, not for results. This is assuming a disputed issue, a trial perhaps. Not just preparing a will or a contract.Unless your agreement with that lawyer was for something different - like a guaranteed outcome - “accomplishing anything” was not what you paid for. You paid for the legal effort into trying to accomplish something.That will be paid by the hour, and charged periodically against your retainer.If your relationship with that lawyer has ended, you should be able to request an accounting of the time billed to your account.This will show the amount of your retainer still existing, or it may even show that you owe a balance.If there is money left, it should be returned to you.If you cannot obtain either an accounting, or a settlement of your account, you should probably file a grievance with the state bar association.But remember, if your lawyer says he did 50 hours of work for you, you will pay him for 50 hours of work. Even if “nothing was accomplished” in your case (unless he guaranteed a particular result).
How do lawyers defend someone they know is guilty?
Lawyers have no ethics. my father was a lawyer. He never took any case where injustice was involved and he never made any money. But I see even petty lawyers make large amount of money by doing all kind of illegal things. Even judges are involved. If you ask them they say it was their duty to defend a client and not to decide whether they are innocent or culprit. that has to be decided by the court.
Can I sue someone for not giving back my money?
Of course, you can sue anyone for anything. My advice is to think of this as a learning experience. You loaned someone $300. Move on. I took a former roommate to small claims court when I was in college and won. The downside? Winning in court doesn't mean collecting money. To collect money I would have to hire a lawyer to enforce the judgement. The only asset my former roommate had was a used Honda Accord and I could have had a lien placed against the car and when/if he sold it I might be able to get my money. It was just so much work. I had fun winning in small claims court, but eventually I got out of school and got a job and decided to forgive the debt and move on with my life. I bet you could earn $300 far easier than actually doing everything necessary to get your $300 back.