Saturday, October 24, 2009

If you don't have the money to pay your lawyer after the judge makes a court order does the lawyer have to??

Does the lawyer still have to write out the court order or how does that work. I payed my lawyer upfront and now he is saying he isn't going to write out the order until I pay him more money which I don't have??
Answers:
A court order is written by the court. I have never heard of a lawyer writing out a court order. Call the courts and ask them the procedure that was ordered by the judge in your case. Then contact legal aid for further assistance if needed.
if you can't afford a lawyer and you are being charged with a crime than you are guaranteed a lawyer( in the USA)
Call the judge and ask him/her what to do about it, or file extortion charges against the attorney! The bar association is a futile waste of time, believe me I know!
He probably used up all the upfront money in filing fees and other costs, and is charging you according to the contract that you probably signed although you probably didn't read it before you signed it. It is not uncommon for the lawyers to prepare a pleading such as a court order; the judge has to sign them before they have any effect, but the judge doesn't actually write out the order.
Oh, and someone suggested that you call the judge. The judge is unlikely to take your call even if the case is over in his court -- that's call 'ex parte' communications, and is pretty well frowned under most jurisdictions' ethics rules.
you cannot contact the judge, that would be considered an ethic violation in most jurisdictions and the judge is putting their position in jeopardy. Review your contract with the lawyer, be aware of all items in that contract that both parties agreed to. If items are not mutually contract between both parties, then there is no binding agreement, if the lawyer is seeking additional funds ask why and for what purpose. Depending on the contract most continence agreements contain a clause where the lawyer does not get paid if THEY elect to terminate services, this might be the best option

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