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

Yes. The lawyer can use this information. The privilege is a privilege against involuntary disclosure to third-parties. There is a parallel duty of confidentiality not to disclose information revealed to the lawyer to third parties. But, the lawyer is not revealing the information to third-parties in a collection capacity. And, there are exceptions to both ...


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. ...


3

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

Presumably this information is "privileged." Not necessarily. Different jurisdictions take slightly different approaches to Legal Professional Privilege but in general it relates to, and prevents the disclosure of, communications between a lawyer and the client that relate to litigation and/or legal advice. So unless the client provided the ...


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.


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