The Law Offices of FoH

Foggy

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Y’all act like we bother giving advice to schmucks whining about $7,000. Bitch please.
 

Cad

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Rename this thread to "I'm too cheap to talk to a lawyer so I want Cad to answer my questions for free" thread.

Then Shaw it

I don’t mind answering questions that I think are interesting and that I can answer without doing any research (a.k.a. “Work”).

99% of the time the answer is “this isn’t really a problem the legal system can handle” combined with “did you go talk to them?”
 

Frenzied Wombat

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Will I have to go to NC in person to take care of my warrant there or will a lawyer be able to do it without me having to fly/greyhound down there?


Since we have the thread already...

Dunno, but an old girlfriend of mine had a warrant out for her arrest in NJ because of unpaid fines for garbage collection (she owned a rental property and tenants put garbage out on wrong day) and she was able to send a lawyer in her place while she was in Texas.
 
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a_skeleton_02

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I don’t mind answering questions that I think are interesting and that I can answer without doing any research (a.k.a. “Work”).

99% of the time the answer is “this isn’t really a problem the legal system can handle” combined with “did you go talk to them?”

Ok then, I paid lawyer 2 grand a year ago in response to a possible issue I had but ended up not needing.

How long do retainers last? Do I just lose the money or can I hold onto it in case I like get in trouble in the future.
 
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Foggy

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If the attorney didn’t do any work, they should have returned it. Just make a written request for the money (email will suffice). If the attorney claims it was used, demand a hourly bill to substantiate.
 
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Frenzied Wombat

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Ok then, I paid lawyer 2 grand a year ago in response to a possible issue I had but ended up not needing.

How long do retainers last? Do I just lose the money or can I hold onto it in case I like get in trouble in the future.

Unless you signed something consider that retainer long gone unless he's feeling very charitable. You paid him a retainer for something specific, and that thing is done.
 
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Frenzied Wombat

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If the attorney didn’t do any work, they should have returned it. Just make a written request for the money (email will suffice). If the attorney claims it was used, demand a hourly bill to substantiate.

I don't think a retainer is the same thing as a deposit. You are paying him to retain his services in the event that you need them. If you're a big time drug dealer paying a lawyer a monthly retainer, you don't get to ask for a refund at year end just because you never got arrested.
 
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Foggy

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a_skeleton_02, did you sign a retainer agreement? That will specify how the retainer is handled. If you didn’t sign one, demand your money back.
 
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Cad

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I don't think a retainer is the same thing as a deposit. You are paying him to retain his services in the event that you need them. If you're a big time drug dealer paying a lawyer a monthly retainer, you don't get to ask for a refund at year end just because you never got arrested.

Thats not correct, retainers are refundable if legal services are not carried out. There have been recent ethics opinions on this if you’re interested in searching.
 
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Frenzied Wombat

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Thats not correct, retainers are refundable if legal services are not carried out. There have been recent ethics opinions on this if you’re interested in searching.

Well I stand corrected then. So in the example I gave, the lawyer would be forced to payback the retainer to the drug dealer if the dealer never gets into legal problems?

Why not just call it a deposit if it's basically a down payment towards legal services?
 
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Foggy

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It is just nomenclature. Making the deposit has retained the attorney’s services. As the attorney works, the expenses will be offset against the retainer. Typically the attorney will request a replinishment of the retainer as it nears exhaustion so the attorney isn’t left out to dry with a huge unpaid bill.

Depending on the state, attorneys don’t like to hang on to retainers when services aren’t being rendered or expected to be rendered shortly because they cannot actually do anything with the money (Texas is like this) and it’s just a liability.

Edit: Also, I suspect it is a relic of a time when the concept of the retainer was more akin to your description.
 
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Cad

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Well I stand corrected then. So in the example I gave, the lawyer would be forced to payback the retainer to the drug dealer if the dealer never gets into legal problems?

Why not just call it a deposit if it's basically a down payment towards legal services?

It is supposed to be like a pre-payment. It’s a deposit so that the lawyer knows he can be paid - you can imagine convicted criminals aren’t itching to pay, so payment after the fact usually doesn’t go well.
 
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Lanx

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Dunno, but an old girlfriend of mine had a warrant out for her arrest in NJ because of unpaid fines for garbage collection (she owned a rental property and tenants put garbage out on wrong day) and she was able to send a lawyer in her place while she was in Texas.
oh, is this possible b/c garbage collection was done by the city so they can use state police to basically "write a ticket"? as opposed to not paying a gas bill, which just goes to collections

It is just nomenclature. Making the deposit has retained the attorney’s services. As the attorney works, the expenses will be offset against the retainer. Typically the attorney will request a replinishment of the retainer as it nears exhaustion so the attorney isn’t left out to dry with a huge unpaid bill.

Depending on the state, attorneys don’t like to hang on to retainers when services aren’t being rendered or expected to be rendered shortly because they cannot actually do anything with the money (Texas is like this) and it’s just a liability.

Edit: Also, I suspect it is a relic of a time when the concept of the retainer was more akin to your description.
ah so a retainer is just like filling up a burner phone w/ 50$
 
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Frenzied Wombat

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oh, is this possible b/c garbage collection was done by the city so they can use state police to basically "write a ticket"? as opposed to not paying a gas bill, which just goes to collections

No idea. Just know that my GF at the time freaked the hell out one day and said she had a warrant out for her arrest back in Jersey because her property manager kept ignoring the fines and the property is in her name. It's fucking Jersey, so I am sure besides the million different taxes/fees/permits they enforce, they have ways to make sure you pay one way or another.
 
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