Civil/Criminal

[OhioQuestion]

What is the name of your state (only U.S. law)?

 

[OhioQuestion]

Sorry it didn't post correctly. From Ohio

What is the name of your state (only U.S. law)? Ohio

Hello and Thank you in advance for any and all help.

A settlement agreement has been sent to my Attorney and forwarded to me via email.
My attorney states his firm needs more money from me to negotiate the settlement. Problem is I do not have any more funds and no avenue to borrow. I have filed for Disability and was recently diagnosed with cancer and had major back surgery 6 months ago.
My attorney states that if I can not provide more funds then they will have to part ways with me because i am behind $3k. I'm beyond devestated as I had hoped this would have been wrapped up months ago. What if anything can I do if they part ways? I'm scared since this is so close to ending and I'm helpless financially.
My attorney states that I will not be able to get a public defender if he leaves me. I'm not sure why since it's a Federal Civil suite with Criminal (But they are not acting on the "Criminal" part in the settlement).

I was told that the "criminal" part can not be negotiated in the settlement and it will hang over my head until stature of limitations expire.? No idea how long that is or why it can't be negotiated.

Sorry if this is confusing as its hard for me to write it out.

If possible could someone please advise me?

Thank you

 

[quincy]

What is the name of your state (only U.S. law)? Ohio

Hello and Thank you in advance for any and all help.

A settlement agreement has been sent to my Attorney and forwarded to me via email.
My attorney states his firm needs more money from me to negotiate the settlement. Problem is I do not have any more funds and no avenue to borrow. I have filed for Disability and was recently diagnosed with cancer and had major back surgery 6 months ago.
My attorney states that if I can not provide more funds then they will have to part ways with me because i am behind $3k. I'm beyond devestated as I had hoped this would have been wrapped up months ago. What if anything can I do if they part ways? I'm scared since this is so close to ending and I'm helpless financially.
My attorney states that I will not be able to get a public defender if he leaves me. I'm not sure why since it's a Federal Civil suite with Criminal (But they are not acting on the "Criminal" part in the settlement).

I was told that the "criminal" part can not be negotiated in the settlement and it will hang over my head until stature of limitations expire.? No idea how long that is or why it can't be negotiated.

Sorry if this is confusing as its hard for me to write it out.

If possible could someone please advise me?

Thank you

Do I understand correctly that you are a defendant in both a civil action and in a criminal case?

Following is a link to the Rules of Professional Conduct for Ohio attorneys. See Declining or Terminating Representation, Rule 1.16 (b)(1), (a)(2), (a)(3), and (c) and (d).

https://www.law.cornell.edu/ethics/oh/code/OH_CODE.HTM

Your attorney may need permission from the judge to withdraw from your civil case at this late stage. The attorney appears, however, to have allowable reasons to withdraw (again, see Rule 1.6).

If the civil action arose from the criminal action, you could be eligible for a public defender for the criminal case. The criminal case would be the State of Ohio against you and, depending on the charges that were filed against you, you would benefit from a criminal defense attorney.

How old are you, OhioQuestion?

 

[OhioQuestion]

Thank you for you'r response.

It was Civil through Federal Court then Federal Crimal was filed a few days later before I had legal representation.

I am 44 years of age.

 

[quincy]

Thank you for you'r response.

It was Civil through Federal Court then Federal Crimal was filed a few days later before I had legal representation.

I am 44 years of age.

Thank you for providing your age, OhioQuestion. I was sort of hoping you might be a senior citizen so I could direct you to free legal assistance in your area.

Following are some links, however, to other legal aid services in Ohio that may (or may not) be able to help you if the judge does, in fact, allow your current attorney to withdraw his representation of you (and, again, this is not necessarily a "given").

http://www.ohiolegalservices.org/
http://www.ohiolegalaid.org/pro-bono/
https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-279.aspx

Good luck.

 

[OhioQuestion]

Quincy, Thank you very much for taking the time to reply sir.
I will look into those links you shared.

Thank you

 

[quincy]

Quincy, Thank you very much for taking the time to reply sir.
I will look into those links you shared.

Thank you

You're welcome, OhioQuestion. Thanks for the thanks.

I hope all works out well for you. Good luck.

 

[OhioQuestion]

Sorry I have a few more questions.

Good afternoon.

I did not want to start a new thread since my questions pertain to my above posts. If I should start a new thread, please advise. Thank you

My first question is, If I do have to part ways with my Attorney and his firm due to not having any further financial funds, what should I expect/ask for as far as any information shared between myself and my Attorney, and between my current Attorney and the Plaintiff's Attorney being returned to me?
Sorry I just want to make sure I receive everything that is legally mine. I have saved all of the corresponding emails and letters over the course of this.

Also, if I have to deal directly with the Plantiff's Attorney, am I allowed to record our phone conversations if I state that I am doing so from the word "hello".?
CouId I legally correspond with him through just email?

The reason I ask is because the Plantiff's Attorney has through the course of this case, "said and emailed" things to my current Attorney that he in turn went back on. I just want to protect myself going forward.

Sorry I am approaching waters that I never thought I would have to.

Thank you for any and all advise going forward.

 

[quincy]

Good afternoon.

I did not want to start a new thread since my questions pertain to my above posts. If I should start a new thread, please advise. Thank you

My first question is, If I do have to part ways with my Attorney and his firm due to not having any further financial funds, what should I expect/ask for as far as any information shared between myself and my Attorney, and between my current Attorney and the Plaintiff's Attorney being returned to me?
Sorry I just want to make sure I receive everything that is legally mine. I have saved all of the corresponding emails and letters over the course of this.

Also, if I have to deal directly with the Plantiff's Attorney, am I allowed to record our phone conversations if I state that I am doing so from the word "hello".?
CouId I legally correspond with him through just email?

The reason I ask is because the Plantiff's Attorney has through the course of this case, "said and emailed" things to my current Attorney that he in turn went back on. I just want to protect myself going forward.

Sorry I am approaching waters that I never thought I would have to.

Thank you for any and all advise going forward.

First, I apologize for the first link I provided. It didn't work. I have since fixed it.

If you terminate your relationship with your attorney, you will be requesting of that attorney all of the case files. The files include documents that relate to your case, like court filings, but will not include what is called "attorney work product."

Attorney work product can include both recorded oral communications and email or text communications, and jottings by your attorney. Work product can include research notes. Work product is pretty much anything that the attorney might have used as litigation preparation material, especially if the material includes with it notes by the attorney of his thoughts and impressions.

Except for the attorney's work product, you will be provided (or should be provided) all that your attorney has that you need to proceed with your case from the point of the attorney's termination.

BUT, if you owe your attorney money, you might find it difficult to get the case files before the attorney is paid. This is where you will want another attorney in your area to advise you after the attorney has reviewed all facts of your case. The attorney can provide you with better direction after a personal review.

If you are a party to a conversation (either in-person or on the phone), you can record the conversation as long as both you and the other party are in Ohio. You do not have to have the other party's consent to record a conversation to which you are a party. In other words, although telling the other party you will be recording the call might be nice, it is not necessary to do so in Ohio and it may not be smart, depending on your purpose for making the recording.

I again recommend you find an attorney in your area to assist you in going forward with your case. I hope the three links to legal aid in Ohio can be of some help in locating a low-cost or free attorney for you. Good luck.

 

[OhioQuestion]

Thank you Quincy for taking the time to reply. I appreciate you'r time.

Could you tell me by chance if recording a phone conversation from Ohio to Washington carries the same law as Ohio/Ohio.?

Thank you

 

[quincy]

Thank you Quincy for taking the time to reply. I appreciate you'r time.

Could you tell me by chance if recording a phone conversation from Ohio to Washington carries the same law as Ohio/Ohio.?

Thank you

When recording a call between you and someone that you know is in Washington state, you will need consent of the other party to the call before you can record. While Ohio is a "one-party consent" state, Washington is a "two-party consent" state.

Here is a link to Washington recording laws in particular, provided by the Digital Media Law Project: http://www.dmlp.org/legal-guide/washington/washington-recording-law

And here is a link to a state-by-state recording law guide, provided by the Reporters Committee for Freedom of the Press: https://www.rcfp.org/reporters-recording-guide/state-state-guide

 

[OhioQuestion]

As always I appreciate you'r reply sir.
If an Attorney does not consent, am I in the right to request we correspond through email?
Also if I feel I am being treated unfairly, what are my rights since obviously it will be a "he said, she said".?

Only reason I ask is because I have emails where he states one thing to my Attorney and then does another. My Attorney felt it was easier to stay "friends" with one another then to "rock the boat" per sey with their Attorney.

Thank you in advance.

 

[quincy]

As always I appreciate you'r reply sir.
If an Attorney does not consent, am I in the right to request we correspond through email?
Also if I feel I am being treated unfairly, what are my rights since obviously it will be a "he said, she said".?

Only reason I ask is because I have emails where he states one thing to my Attorney and then does another. My Attorney felt it was easier to stay "friends" with one another then to "rock the boat" per sey with their Attorney.

Thank you in advance.

I personally do not see why the attorney would object to having the call recorded but, yes, if the attorney does not consent to a recording of the conversation, you can request that the communications are written.

There can be problems with emails if you want to use them as evidence in court, because emails can be faked pretty easily. Emails that are sent and received might have to be authenticated.

Other than that, though, it is not being unreasonable to want what is said recorded in some way, if only to refresh your memory as to what has been said.

 

[OhioQuestion]

Very much appreciated Quincy. Thank you

 

[quincy]

Very much appreciated Quincy. Thank you

You're welcome, OhioQuestion.