5

Such an action by the lawyer is certainly unethical, but there is no automatic or routine mechanism to detect it and give better advice to Rob, at least not in the US. Rob could get a second opinion, but criminal defendants do not often do this, and there is no requirement to do so. If the situation is extreme, it might be reported, after the fact, and the ...


4

Short Answer No. The immigration applicant is generally not entitled to his or her attorney fees in this situation, even though the government is violating one of its own laws. Long Answer The Black Letter Law Question The Right To Fees Depends On The Legal Theory Advanced A consistent answer doesn't exist at the level of generality of the title question. ...


4

Whether one can recover attorneys fees after litigation in California depends upon the nature of the case. Their amount may be affected by the nature of the judgment. The general rule is each party is responsible for that party's attorney's fees. That means that the trial result is irrelevant - no matter what happens, one pays for one's own attorneys fees. ...


2

No If they do not earn a reward they can give legal advice but they cannot represent you. From s24 of the Lawyers and Conveyancers Act 24 Reserved areas of work for lawyers and incorporated law firms (1) A person commits an offence— (a) who, for gain or reward (whether direct or indirect) and not being a lawyer or an incorporated law firm, ...


2

One GA court clerk informed me that the interpretation of the standing order (an order that seems to be standard for the jurisdiction or the state) is interpreted differently by various judges in that juisdiction. Some judges do not consider the order to apply to vacations.


2

What are my options in this case, and if I hire an attorney, would I be reimbursed for this? You should hire an attorney to negotiate a dismissal of the charges based upon the fact that you did have insurance. If you had known about the charge and showed up in court on the appointed hearing date, you probably could have negotiated a resolution of this ...


2

Yes. Usually a lawyer can charge until a court formally withdraws him from representing you in a case for representation in that case (even if a new lawyer has entered an appearance and you have fired him). A terminated lawyer, even after withdrawal, can also charge you for legal fees incurred to collect the lawyer's bill from you if the fee agreement ...


2

This is probably a serious (disbarrable) violation of professional ethics by the attorney, which could be reported to the agency in the state where the attorney is licensed that handles attorney discipline (usually part of the administrative offices of the state supreme court). Some states are more efficient about handling these cases than others. There ...


2

When you're dealing with hourly billing, it's rare for the courts to get involved in determining what is and is not reasonable. The thinking seems to be that the market is a better judge than the courts of what is reasonable, so they aren't going to object if you didn't. When the courts do get involved, there are two primary factors to consider when ...


2

I regret to inform you that it is unlikely you would be able to make a spreadsheet to calculate "reasonable atty's fees". You could make one for filing for reasonable atty's fees, but the reasonableness adds in the ambiguity. When I clerked for a Fed. Judge, more or less I would skim through the time spent by the attorney(s) and the time spent by the ...


2

Under what circumstances are attorneys' fees awarded? Typically that is provided by statutory (be it state or federal) law or in the contract (if any) between the parties. Attorney fees are awarded to the prevailing party. See M[ichigan]CL 570.1118. One common condition for awarding attorney fees is whether a party was vexatious or frivolous: MCL 600.2591. ...


2

In the U.S. this is a good way for Rob's lawyer to get himself disbarred. The American Bar Association has rules of professional conduct, including a list of duties to clients. The hypothetical scenario would violate a lawyer's duty to avoid self-dealing, where they are pursuing their own interests (financial) over their client's interests (legal counsel)...


1

Now the Person B who didn't do anything is asking for payment [...] What legal services can Person B bill for in this case? Fictitious "benefits" which the client did not even request do not entitle the lawyer to compensation therefor. Knowing the terms of the contract entered by the parties is crucial for assessing either's entitlement (if any). ...


1

One common type of assistant you can use is called a legal document assistant. You can find LDA's on CALDA's website. To narrow down your choices you can choose Mediation from the LDA Services column.


1

You can legally hire anyone you want, because the legal restriction is on the person being hired. Unauthorized practice of law is illegal in California (and elsewhere). The statutory leverage is here, which imposes penalties for the unauthorized practice of law. It is possible that you can find a law-breaker who will "help" you. The difficult part is finding ...


1

Attorneys are supposed to get paid for doing work for clients with the client's best interests at heart. Attorney #1 paying a referral fee when attorney #2 does not might influence you to recommend attorney #1 even though that is not in the best interest of the client. Replace "referral fee" with "kickback. A bar association presumably has either an ...


1

What @bdb484 is describing is called the "lodestar" which is the starting point for any reasonableness determination. If the rate is reasonable and the number of hours billed is reasonable then the lodestar is presumptively reasonable. But, that is not the end of the story. Rule 1.5 lists eight factors to consider (which are not exclusive): (1) the time ...


1

Don't know about New Zealand, but in the United States, any law student who agreed to do this would probably not be worth the money you paid. I don't think any state permits law students to practice the law, and every student knows that. There are some exceptions, but the only ones I know of involve work for the government or nonprofits, and still require ...


1

This is analogous to a "contingent fee" where the lawyer only gets paid if they win the case. In at least some jurisdictions, yes, this is considered unethical and not allowed in criminal cases. See for instance the American Bar Association's Model Rules of Professional Conduct, Rule 1.5 (d) (2): (d) A lawyer shall not enter into an arrangement for, ...


1

If the client terminated the contract pursuant to a clause of the contract then that clause will deal with how much the lawyer is paid. If they terminated the contract for cause then they can sue for damages. If they repudiated the contract (i.e. terminated without cause) then the lawyer can sue for damages. Unless the fee is calculated with relation to ...


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