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    Racelwithnoh's Avatar
    Racelwithnoh Posts: 19, Reputation: 1
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    #1

    Sep 5, 2013, 03:09 PM
    Why might lawyer do this?
    I called an attorney after getting a referral that he does the kind of case I have. Speak to him for only a minute by phone, he asks about my case, only a few direct questions which I answer quite briefly.

    It's not exactly called a consultation, but my expectation from his website was that he offered free initial consultations, nothing said how long, but I certainly didn't expect it to be a single minute, I expected to arrange for a consultation in his office

    Anyway, afterI answer one question he immediately he says, rather abruptly, "I won't take your case" and I think he cited some regulation that says he "doesn't have to tell me why." and that he doesn't want me contacting him again.

    I can't help asking, what did I say? And he tells me that if I want to pay him $2500 retainer he can explain my legal issue to me.
    I decline and hang up.

    Now I started realizing that a few days ago I had another attorney I'd contacted because I'd read an article saying he did the kids of cases I had and via email he said he was just off vacation and could take time to look at a new case, asked for particulars which I sent to him. Then next day he says he's too busy to take any new cases and I replied to his email asking if he could give me a referral to any other attorney and my e-mail then came back blocked. He obviously didn't want to hear from me again.

    What do I do and why are they able to do this? Can a lawyer really charge me $2500 just to answer why he won't take my case? Why is this some great secret and why won't anyone tell me anything?

    Does anyone have a similar experience and ever later found out why? Has a lawyer on here ever done this and knows why lawyers do this?

    All I can add is that right before the guy on phone switched demeanor I had mentioned the name of a local prosecutor who'd handled as aspect of my case. So now I am paranoid that there's something sinister I don't want to know about among local justice?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Sep 5, 2013, 03:22 PM
    Either because they realized you didn't have money to pay them or they didn't like something about your case. I was about literally thrown out their front door when I went for a free consultation and the first thing they asked was my income. I said
    Under $15,000. A year and they all but shoved me out the door before I was a foot in it. Another lawyer consultation actually allowed me to sit down and he said 'I charge $150. Per phone call', '$80.00 per word', $500. Just to show up in court and not say a word'.
    Or they know you are a losing case maybe?
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #3

    Sep 5, 2013, 03:23 PM
    I'm sure that what your case is about has some bearing on the reasons.
    Racelwithnoh's Avatar
    Racelwithnoh Posts: 19, Reputation: 1
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    #4

    Sep 5, 2013, 03:29 PM
    Thanks, NoHelp4U, not the reason, though, $ never came up and I could pay I just declined on that offer of revealing his secret ony for $2500 bribe.

    Sorry, by the way, for your experience. Liberty and justice for all, huh?

    odinn7, so what would be so awfully difficult in them briefly telling me that? At least it'd stop me continuing stupidly to seek representation if I have no case. This is just plain weird.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Sep 5, 2013, 03:32 PM
    Just like a restaurant can refuse to serve anyone they want, a lawyer can choose not to accept any case.

    Could simply be that he doesn't to go up against the prosecutor.
    Racelwithnoh's Avatar
    Racelwithnoh Posts: 19, Reputation: 1
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    #6

    Sep 5, 2013, 03:34 PM
    Quote Originally Posted by ScottGem View Post
    Just like a restaurant can refuse to serve anyone they want, a lawyer can choose not to accept any case.

    Could simply be that he doesn't to go up against the prosecutor.
    Yes, I fully accept that they can take or not take case. It's a free country.

    But why the great secrecy? Is it so had for a lawyer to maybe admit not wanting to go against prosecutor? What do they think would happen if they told me that?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Sep 5, 2013, 03:40 PM
    Quote Originally Posted by Racelwithnoh View Post
    Yes, I fully accept that they can take or not take case. It's a free country.

    But why the great secrecy? Is it so had for a lawyer to maybe admit not wanting to go against prosecutor? What do they think would happen if they told me that?
    Yes it would be bad it would indicate a conspiracy to deny you your rights or just simply cowardice.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Sep 5, 2013, 03:42 PM
    Can a lawyer really charge me $2500 just to answer why he won't take my case?
    Of course. If you don't want to pay him that much money, you are at liberty not to pay to hear his explanation.

    Time is an attorney's stock in trade. He has no obligation to give it away.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Sep 5, 2013, 03:49 PM
    Quote Originally Posted by ScottGem View Post
    ...
    Could simply be that he doesn't to go up against the prosecutor.
    I don't believe OP said it was a criminal case.

    More likely, the attorney was able to conclude from the short phone call that the case was a looser and OP could only pay if the lawyer could win the case. After all, how does one survive nowadays on $15 K p.a.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Sep 5, 2013, 03:51 PM
    First a prosecutor is usually assigned only in criminal cases. Second, its was not the OP who said he earned $15K.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #11

    Sep 5, 2013, 04:51 PM
    I think it might help to know if this goes back to early March of 2012, when a woman was continually claiming harassment, and getting orders of protection?
    Also, is this a small community? You wrote something about a main street past her house or something, and she claimed you were cruising by her house, but you said it wasn't possible to avoid it? And you also drove by her car once, despite having to keep away 100 feet, but it was unavoidable?
    Maybe every lawyer in town knows about the case, and won't touch it. I can't imagine how we could even guess why.
    Racelwithnoh's Avatar
    Racelwithnoh Posts: 19, Reputation: 1
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    #12

    Sep 5, 2013, 07:08 PM
    Quote Originally Posted by joypulv View Post
    I think it might help to know if this goes back to early March of 2012, when a woman was continually claiming harassment, and getting orders of protection?
    Also, is this a small community? You wrote something about a main street past her house or something, and she claimed you were cruising by her house, but you said it wasn't possible to avoid it? And you also drove by her car once, despite having to keep away 100 feet, but it was unavoidable?
    Maybe every lawyer in town knows about the case, and won't touch it. I can't imagine how we could even guess why.
    Yes, I never know how to refer back to previous thread in AMHD, so thanks. Yes, this is crazy lady again and in addition the police chief who brought her crimes for her against me has now been fired by the city for reasons they won't disclose. It is absolutely great fun living here. Yes, small community, but two lawyers recently contacted in other cities far away but said they did work in my county. I simply can't imagine that a story about what is really only a small-town case would travel that far? I don't sense it has even traveled to the next big town, let alone the big city or for that matter 2 big cities distant.

    I suppose, too, I am absolutely stymied that a lawyer might follow the law (supposedly) but apparently can't even be a human being? What sense does it make at all to tell me I won't take your case, I don't have to tell you why. Wouldn't there actually be fewer words involved in simply telling me why?

    Why bother to waste his time and mine to say but on second thought since you asked if you pay me $2500 I'll tell you. Really, how long could it take to explain to me? 5 minutes? For $2500? I am a well-spoken reasonably intelligent person. How long could any explanation of any case ever take for it to cost $2500, even if the jerk charges $250/hour? (which he doesn't, according to his website) Really? 10 hours to tell me? I thought a retainer was to cover expected billable hours and if you didn't use it you'd get a refund. But then I had that last defense attorney who worked for about 2 hours and my case was dismissed (since, gee, there wasn't one) and got yet he got paid $800 flat fee which I'd wrongly thought was a retainer but when he gave none of it back I realized it was flat fee.

    I'm interpreting $2500 to tell me as I'll say this to make you go away.

    And these lawyers already handle cases of the same type as mine, so again, I can't imagine they need research to tell me why they decide in a split second to rudely tell me to go away.

    I know no one here can read minds.

    So, again, I suppose I am just hoping some lawyer who has actually done this would answer here and say why they've ever done such a rotten thing to another human being who earnestly contacted them in need of help.

    But maybe that ilk doesn't frequent AMHD.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #13

    Sep 5, 2013, 08:04 PM
    I agree
    What type of case is it ?

    If you wish to give us some general details, we may even be able to tell you why they may not want to.

    Many attorneys only do certain types of cases. In family law, some do not like to represent the father. In civil cases many will not sue the city or the state,
    Others will not take a case that has no merit ( sorry but many people want to sue over all sorts ot things.)

    A 2500 retainer is almost nothing, for non court issues, many will want 5000, if court appearance is needed many will want 10,000 retainer just to start.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #14

    Sep 6, 2013, 04:30 AM
    Hello R:

    Why don't YOU tell us about your case? Then we might be able to actually HELP, and/or we might be able to tell you why the lawyer wouldn't.

    excon
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #15

    Sep 6, 2013, 04:48 AM
    It doesn't mstter how long it takes to explain. As I was telling you they charge somewhere around $80.00 per word.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #16

    Sep 6, 2013, 05:06 AM
    Lawyers typically follow the rule that 'the less said the better,' whether it's on the stand in a courtroom or on the phone with a random caller. I think the 'pay me $2500' was just to discourage you and get you off the phone (he thinking of the billable minutes you got for free). You are involved in a long standing dispute that is in that dreaded limbo between criminal and civil. You didn't really do anything wrong, and by the same token, you don't really have much grounds for monetary damages. There's nothing in between. So nobody wants this kind of case, and I don't think you need to fall into any quagmires about how it's because of the prosecutor, judge, mayor, who's sleeping with whom, or who got fired. Of course those things happen, but it's just not good to make that leap when there is plenty of good reason to turn down your case anyway.

    (If you want to tell us what stage it's at, feel free.)
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #17

    Sep 6, 2013, 05:36 AM
    Yes I think their whole cost speech is said specifically to turn you away
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #18

    Sep 6, 2013, 05:44 AM
    The issue is, an attorney can charge any price they want. Some attorneys would not even make an appointment if there is not a 20,000 or more retainer for those of higher caliber.

    But in small town america all attorneys know everyone, and in some cases they will not take a case that could ruin their career.
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #19

    Sep 6, 2013, 06:10 AM
    If I'm getting the general idea right, you were harassing and stalking someone, or at least perceived to be. A judge thought enough of the situation to enter a restraining order, which you violated. Your excuse is that you couldn't help it.

    Of course, you could help it by avoiding her, her work and her home. If she was in the area, you could go the other direction. Not hard.

    So, this is an ongoing issue. I would guess you were dropped by your prior counsel? And it's a small town? And you don't know how to let things go.

    So for example, an attorney says your case is a loser, and he doesn't want it. Another attorney tells you they don't want it. You have to know why. They already told you... the case is a loser.

    Sounds like you pressed for more feedback and they had already told you the answer. So they tell you the retainer because the consult is over.

    Attorneys screen potential clients in the initial call and if they don't want the case, they don't owe you a free meeting. Kind of like, if you call a mechanic and they don't want to take on your car repair, they don't owe it to you to discuss it further in person. Maybe you can't afford the cost of labor, or won't except the car is beyond repair, so they don't want the job.

    Your case is apparently a loser so let it go. Avoid the lady and let the order expire without incident. Consider moving. Stop harassing people. If they don't want to take your case, forget about it and move on with your life.

    I think besides being a loser case, you probably started harassing these attorneys by phone. They are worried they will be your next obsession so are cutting it off from the start. Attorneys know each other. Your reputation with your last lawyer is probably well known.

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