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    MoonDust's Avatar
    MoonDust Posts: 52, Reputation: 1
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    #1

    Jul 20, 2009, 05:18 PM
    Lawyer telling you 2 days before court he won't be there
    My son paid a lawyer 500.00 in Dec of 08 to seek modification of childsuport and this attorney said he will take 500.00 to start and after he gets it lowered he will let him pay 200.00 a month for the balance he charged. He has been sending statements of how much it is running and the work he has done on this case. Court day is Wednesday and the lawyer call today and said unless he pays 2000.00 he won't be at court to defend him. He don't have that kind of money and that was not the original agreement. What in the world is he to do? Does anyone have any advice?? :mad:
    MoonDust's Avatar
    MoonDust Posts: 52, Reputation: 1
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    #2

    Jul 20, 2009, 05:28 PM
    A lawyer saying he won't show up for court!
    My son paid a lawyer 500.00 in Dec of 08 to seek modification of childsuport and this attorney said he will take 500.00 to start and after he gets it lowered he will let him pay 200.00 a month for the balance he charged. He has been sending statements of how much it is running and the work he has done on this case. Court day is Wednesday and the lawyer call today and said unless he pays 2000.00 he won't be at court to defend him. He don't have that kind of money and that was not the original agreement. What in the world is he to do? Does anyone have any advice?? :mad:
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 20, 2009, 05:42 PM

    Does he have the agreement about $500 then $200/mth in writing?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #4

    Jul 20, 2009, 05:55 PM

    When I went to get a lawyer he told me
    $25. Per phone call he makes on my behalf
    $$$ for each paper he has typed up
    $$$ for each thing he looks up or investigates
    $$$ for walking into the court room
    $$$ for each word he says in the court room

    If he has been sending statements and it adds up to what the work he claims to have done is then if your son has a 00 balance then I don't think anything can be done about it.
    He should be entitled to all the paper work if he has to go into court on his own I would think. Other than that I don't think he is going to get the lawyer to budge without paying.
    MoonDust's Avatar
    MoonDust Posts: 52, Reputation: 1
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    #5

    Jul 20, 2009, 06:00 PM
    Quote Originally Posted by ScottGem View Post
    Does he have the agreement about $500 then $200/mth in writing?
    Yes he has an agreement.
    MoonDust's Avatar
    MoonDust Posts: 52, Reputation: 1
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    #6

    Jul 20, 2009, 06:02 PM
    Quote Originally Posted by N0help4u View Post
    When I went to get a lawyer he told me
    $25. per phone call he makes on my behalf
    $$$ for each paper he has typed up
    $$$ for each thing he looks up or investigates
    $$$ for walking into the court room
    $$$ for each word he says in the court room

    If he has been sending statements and it adds up to what the work he claims to have done is then if your son has a 00 balance then I don't think anything can be done about it.
    He should be entitled to all the paper work if he has to go into court on his own I would think. Other than that I don't think he is going to get the lawyer to budge without paying.
    He has a signed agreement to the fact of 500 down and after childsupport is lowered 200 a month
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Jul 20, 2009, 06:06 PM
    Quote Originally Posted by MoonDust View Post
    Court day is Wednesday and the lawyer call today and said unless he pays 2000.00 he won't be at court to defend him.
    If he is the attorney of record, he can't just fail to show up. He is obligated to represent his client until he has made motion to withdraw and such motion has been granted.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #8

    Jul 20, 2009, 06:07 PM

    And there is no fine print for the additional charges or anything?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jul 20, 2009, 06:13 PM
    If you have the agreement in writing, you can show it to the judge who may compel him to show up or go to the local Bar association to file a complaint.

    I merged your threads, please don't start multiple threads for the same question.
    MoonDust's Avatar
    MoonDust Posts: 52, Reputation: 1
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    #10

    Jul 21, 2009, 05:21 AM
    Quote Originally Posted by ScottGem View Post
    Does he have the agreement about $500 then $200/mth in writing?
    YES it is in writing he faxed an agreement over my son signed it and fax back.
    MoonDust's Avatar
    MoonDust Posts: 52, Reputation: 1
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    #11

    Jul 21, 2009, 05:23 AM
    Quote Originally Posted by AK lawyer View Post
    If he is the attorney of record, he can't just fail to show up. He is obligated to represent his client until he has made motion to withdraw and such motion has been granted.
    He is the attorney of record he has filed and had served all papers of the case. Court is in the morning at 9am July 22. Should my son just go anyway?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #12

    Jul 21, 2009, 05:30 AM

    Your son will HAVE to go anyway and explain to the Judge that he has been paying this lawyer and now he isn't showing up because he wants more money even though he has proof that he DID pay.
    The Judge may decide to postphone it but if your son simply does not show up the Judge will very most likely simply rule against him CASE CLOSED
    MoonDust's Avatar
    MoonDust Posts: 52, Reputation: 1
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    #13

    Jul 21, 2009, 05:41 AM
    Quote Originally Posted by MoonDust View Post
    He is the attorney of record he has filed and had served all papers of the case. Court is inthe morning at 9am July 22. Should my son just go anyway?
    Can he make a motion in 2 days?
    MoonDust's Avatar
    MoonDust Posts: 52, Reputation: 1
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    #14

    Jul 21, 2009, 05:43 AM
    Quote Originally Posted by N0help4u View Post
    Your son will HAVE to go anyway and explain to the Judge that he has been paying this lawyer and now he isn't showing up because he wants more money even though he has proof that he DID pay.
    The Judge may decide to postphone it but if your son simply does not show up the Judge will very most likely simply rule against him CASE CLOSED
    THANK YOU for your advice he is going and he has thr proof of payment and the agreement he signed.
    MoonDust's Avatar
    MoonDust Posts: 52, Reputation: 1
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    #15

    Jul 21, 2009, 02:28 PM
    Quote Originally Posted by ScottGem View Post
    If you have the agreement in writing, you can show it to the judge who may compel him to show up or go to the local Bar association to file a complaint.

    I merged your threads, please don't start multiple threads for the same question.
    Sorry I was confused of which topic to put the question in.:confused:

    Thank you for your answer. The attorney said today he will do as he agreed upon. After getting us all stressed!

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