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Lawyer duties

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naturzluv

Junior Member
What is the name of your state? New York.


If a lawyer takes a divorce case "Pro-bono" through a state aided facillity, Can the lawyer try and make the client pay the firm? another words if a law firm took a divorce case free of charge and started the proceedings of the case, Can the law firm legally ask their client to pay any fees? And also if the client does not pay any fees what can the client do if the lawyer intentionally withholds information pertinent to the case, causing the client to lose the case?
 
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naturzluv

Junior Member
lawyer duties2

If a law firm takes a case free of charge, can the firm ask the client to pay any fees after they have already started the case?
 

You Are Guilty

Senior Member
What is the name of your state? New York.


If a lawyer takes a divorce case "Pro-bono" through a state aided facillity, Can the lawyer try and make the client pay the firm? another words if a law firm took a divorce case free of charge and started the proceedings of the case, Can the law firm legally ask their client to pay any fees? And also if the client does not pay any fees what can the client do if the lawyer intentionally withholds information pertinent to the case, causing the client to lose the case?
Those are two different questions. "Pro bono" doesn't always mean "totally free case", it just means "free lawyer". There are always other expenses involved, such as filing fees, duplication costs, experts, what have you. Although some pro bonos will pick those up (or at least pay them in advance) for you, in domestic relations cases, its pretty rare, and they remain your responsibility. In addition, pro bono service rarely covers appeals, if that is the case here (you did not specify).

"Withholding information", depending on what you actually mean by that, may be impermissible. You'd have to provide more details.

You can read all the rules and suggested rules for employment, pro bono and for pay, here:
http://www.law.cornell.edu/ethics/ny/code/NY_CODE.HTM
Pay attention to EC 2-26 through 33 (which are not "rules", just guidelines), and DR 2-106 and 2-110 (which are mandatory rules).
 

Ohiogal

Queen Bee
What is the name of your state? New York.


If a lawyer takes a divorce case "Pro-bono" through a state aided facillity, Can the lawyer try and make the client pay the firm? another words if a law firm took a divorce case free of charge and started the proceedings of the case, Can the law firm legally ask their client to pay any fees? And also if the client does not pay any fees what can the client do if the lawyer intentionally withholds information pertinent to the case, causing the client to lose the case?
I agree with YAG. What fees? You are still responsible for filing fees (unless you qualified to file a poverty affidavit and the court accepted it but that doesn't necessarily get rid of the fees), GAL fees, deposition and other costs. Legally the law firm itself CANNOT pay the fees. As to the information, what information was withheld?
 

naturzluv

Junior Member
The information that was withheld was the actual court date to appear. The lawyer knew when it was but did not tell the client. The client made numerous attempts by phone as well as email to try and setup meetings to go over the case but was evaded. The only correspondence was that basically they wanted money and if the client did not like the service then to fire the law firm. The lawyer used that last statement in an email. The lawyer did not go to court but sent an unknown and did not make any attempts to inform the client of his actions. The client was informed by the court that the date was missed and if the future date is missed the client would lose the case by default.
 
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SHORTY LONG

Senior Member
You might have a good "grievance" to be brought before the Lawyer
Disciplinary Action Committee! I am not sure because we am only
hearing one side; no disrespect to you. But facts are facts!
 

You Are Guilty

Senior Member
I'll try to address this point by point.
The information that was withheld was the actual court date to appear. The lawyer knew when it was but did not tell the client.
A court appearance date is something the lawyer (or their office) should pass on to the client, assuming the client's appearance isn't required. If the client is required to be there, lawyers are required to inform them of that. Good practice says this is done in writing (including email), to make sure there are no "he said-she said" disputes later on, but it is often done verbally. Have they claimed to have given you the court date (by any method) and you forgot, or do they admit they never told you?
The client made numerous attempts by phone as well as email to try and setup meetings to go over the case but was evaded.
Depending on what time frame we're talking here, this could be meaningless, or it could be extremely unprofessional. Unlikely either is sanctionable conduct though.
The only correspondence was that basically they wanted money and if the client did not like the service then to fire the law firm.
What (exactly) did they want the money for? If it was for anything but their hourly fees, it would be your responsibility to pay. If you didn't, and failed to fire them, they are not required to work for free and can withdraw from the case (see my prior link).
The lawyer used that last statement in an email.
And you're positive you have no other emails from them with the "missing" court date? (You don't want to make that argument only to have them come in with a copy of the email).
The lawyer did not go to court but sent an unknown and did not make any attempts to inform the client of his actions.
What was the appearance for? However, there is no "requirement" to tell you who will cover the appearance (any lawyer from the firm can do it).
The client was informed by the court that the date was missed and if the future date is missed the client would lose the case by default.
A little unclear here - if the "unknown" went to court, how was the date "missed"? Either they went and they date wasn't missed, or they didn't actually go and the date was missed. The former is a clerical error by the court, and the latter could be malpractice.

Assuming the court did give a "second chance" for you to appear though, it seems no matter what your current lawyers did, you didn't suffer any adverse effects from this whole scenario. Why do you think you "lost" the case?
 

SHORTY LONG

Senior Member
I'll try to address this point by point.

A court appearance date is something the lawyer (or their office) should pass on to the client, assuming the client's appearance isn't required. If the client is required to be there, lawyers are required to inform them of that. Good practice says this is done in writing (including email), to make sure there are no "he said-she said" disputes later on, but it is often done verbally. Have they claimed to have given you the court date (by any method) and you forgot, or do they admit they never told you?

Depending on what time frame we're talking here, this could be meaningless, or it could be extremely unprofessional. Unlikely either is sanctionable conduct though.

What (exactly) did they want the money for? If it was for anything but their hourly fees, it would be your responsibility to pay. If you didn't, and failed to fire them, they are not required to work for free and can withdraw from the case (see my prior link).

And you're positive you have no other emails from them with the "missing" court date? (You don't want to make that argument only to have them come in with a copy of the email).

What was the appearance for? However, there is no "requirement" to tell you who will cover the appearance (any lawyer from the firm can do it).

A little unclear here - if the "unknown" went to court, how was the date "missed"? Either they went and they date wasn't missed, or they didn't actually go and the date was missed. The former is a clerical error by the court, and the latter could be malpractice.

Assuming the court did give a "second chance" for you to appear though, it seems no matter what your current lawyers did, you didn't suffer any adverse effects from this whole scenario. Why do you think you "lost" the case?
Respectfully, thank you You Are Guilty. Just Outstanding, and superb, thanks again.
 

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