attorney advice when not retained

What is the meaning of what does retaining a lawyer mean?

Apr 25, 2017 · I'm not ready to retain an attorney yet for a divorce, but I need to get some free/cheap legal advice now. any help? Lawyer directory. Find a lawyer near you. Avvo has 97% of all lawyers in the US. Find the best ones near you. First, choose your …

Should I retain a lawyer for my divorce?

Jul 20, 2020 · July 20, 2020. by Parnall and Adams Law. By “retaining” a lawyer, you are establishing an attorney-client relationship with that lawyer. There are several methods for retaining a lawyer, but typically it will require an up-front payment or fee. That fee is commonly referred to as a “retainer,” and is given to the lawyer in return for ...

What happens if you sign a retainer agreement with a lawyer?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. …

What should I do if I'm Not satisfied with my lawyer?

Do Not Sell My Personal Information. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. An attorney-client relationship generally doesn't form until the lawyer and client agree to it. But the attorney-client privilege protects some communications made before the prospective client hires the attorney, and even some where ...

Can a lawyer refuse to give advice to a client?

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

What does it mean when a lawyer is retained?

Finally, don't be confused by the terms "retainer" or "retainer agreement." Generally, these are not the same as having a lawyer "on retainer." When you “retain” a lawyer, that simply means that you are hiring them, and the money you paid to the attorney is known as “the retainer.” The agreement signed when someone ...Jan 4, 2022

When can I give legal advice?

As a general matter, only a lawyer may give actual legal advice, whereas any non-lawyer may recite legal information. Furthermore, it is generally illegal for a non-lawyer or unlicensed attorney to offer legal advice or otherwise represent someone other than himself or herself in a court of law.

Why do people say this isn't legal advice?

The "this is not legal advice" disclaimer is a "cover your ass" statement meant to make perfectly clear that any communication between a practicing attorney and a non-client is not interpreted, in any way, as an attorney-client communication providing formal legal advice.

What is a retainer solicitor?

At the start of every case, a solicitor should send out what is known as a “client care letter” or “retainer”. This document sets out the contract between the solicitor and the client, defining the work to be done and how this is to be paid for.

How much does it cost to keep a lawyer on retainer?

There is a wide range of retainer fees, from as low as $500 or as high as $5,000 or more, depending on the type of agreement you have and the work involved. Actually, the fee can be any amount that the attorney requests, and it is typically requested at the beginning of legal representation.

Can I give legal advice without being a solicitor?

Legal advice is ordinarily provided in exchange for financial or other tangible compensation. Advice given without remuneration is normally referred to as being pro bono publico (in the public good), or simply pro bono.

What is the difference between legal advice and legal opinion?

It points to the key difference between a legal opinion and legal advice—i.e., that a legal opinion is an attorney's analysis based on past or present facts, while legal advice is an attorney's counsel and guidance as to what future actions the client should take.

What is the importance of legal advice?

It helps the Clients in many ways e.g. it provides the real idea, it provides a legal solution, it provides the case study, it provides the legal knowledge. It tells you about the Course of Action Required, it tells you about the Chances of Success, and it tells you about the outcome.Aug 4, 2020

Does not substitute advice legal?

The contents do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have.

Can I give legal advice to family?

Providing casual legal advice to a family or friend can result in major liability, malpractice, or disciplinary action as the non-clients may have reasonably relied on the information given.Aug 25, 2016

What is an example of a disclaimer?

"[The author] assumes no responsibility or liability for any errors or omissions in the content of this site. The information contained in this site is provided on an "as is" basis with no guarantees of completeness, accuracy, usefulness or timeliness..."Dec 2, 2021

What are the terms of a retainer agreement?

Other terms of a retainer agreement may include: 1 Means for fee arbitration, in case of a dispute 2 Expectations for client cooperation and communication 3 Right for the attorney to withdraw 4 Right for the client to terminate 5 Whether any associates, paralegals or contract lawyers will be needed and their expenses 6 No guarantee of the result 7 Privacy policy of the lawyer and law firm, including action over property and files of the client after the case 8 Conflict checks

How are retainers established?

Retainers are established by entering into a retainer agreement — a formal document that details the obligations, terms and expectations of the attorney-client relationship, and may specify retainer fees, contact rules or methods, or basic expectations. Retainer agreements often vary in length and content depending on the terms of the retainer. However, there are essential parts of a retainer agreement which you can typically expect, regardless of jurisdiction or type of case.

What is a general retainer?

A general retainer contracts the attorney for a specific period instead of a specific project. During this time, the client can expect the lawyer to be available for discussion or questions about legal matters, or sometimes to guarantee priority attention. A retaining fee is a single deposit or lump sum fee the client pays in advance ...

What is retainer fee?

The retainer fee is the amount charged to the client. The agreement must show the basis of the fee in detail. When appropriate, specific examples can be written down. For example, this includes flat fees for certain cases or projects.

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

What is attorney-client privilege?

An attorney-client relationship generally doesn't form until the lawyer and client agree to it. But the attorney-client privilege protects some communications made before the prospective client hires the attorney, and even some where there's never any hire. (For all kinds of information about lawyer-client relationships, ...

Is it a good idea to talk to an attorney who doesn't represent you?

So, it's a good idea to start any communication with an attorney who doesn't represent you by confirming with him or her that your communications will be privileged. Talk to a Lawyer.

What happens after a lawyer terminates a client relationship?

[1] After termination of a lawyer-client relationship, the lawyer owes two duties to a former client. The lawyer may not (i) do anything that will injuriously affect the former client in any matter in which the lawyer represented the former client, or (ii) at any time use against the former client knowledge or information acquired by virtue of the previous relationship. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811 [124 Cal.Rptr.3d 256]; Wutchumna Water Co. v. Bailey (1932) 216 Cal. 564 [15 P.2d 505].) For example, (i) a lawyer could not properly seek to rescind on behalf of a new client a contract drafted on behalf of the former client and (ii) a lawyer who has prosecuted an accused person* could not represent the accused in a subsequent civil action against the government concerning the same matter. (See also Bus. & Prof. Code, § 6131; 18 U.S.C. § 207(a).) These duties exist to preserve a client’s trust in the lawyer and to encourage the client’s candor in communications with the lawyer.

What is the rule of a lawyer?

Subject to rule 1.2.1, a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by rule 1.4, shall reasonably* consult with the client as to the means by which they are to be pursued. Subject to Business and Professions Code section 6068, subdivision (e)(1) and rule 1.6, a lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter. Except as otherwise provided by law in a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

What is the duty of undivided loyalty?

The duty of undivided loyalty to a current client prohibits undertaking representation directly adverse to that client without that client’s informed written consent.* Thus, absent consent, a lawyer may not act as an advocate in one matter against a person* the lawyer represents in some other matter, even when the matters are wholly unrelated. (See Flatt v. Superior Court (1994) 9 Cal.4th 275 [36 Cal.Rptr.2d 537].) A directly adverse conflict under paragraph (a) can arise in a number of ways, for example, when: (i) a lawyer accepts representation of more than one client in a matter in which the interests of the clients actually conflict; (ii) a lawyer, while representing a client, accepts in another matter the representation of a person* who, in the first matter, is directly adverse to the lawyer’s client; or (iii) a lawyer accepts representation of a person* in a matter in which an opposing party is a client of the lawyer or the lawyer’s law firm.* Similarly, direct adversity can arise when a lawyer cross-examines a non-party witness who is the lawyer’s client in another matter, if the examination is likely to harm or embarrass the witness. On the other hand, simultaneous representation in unrelated matters of clients whose interests are only economically adverse, such as representation of competing economic enterprises in unrelated litigation, does not ordinarily constitute a conflict of interest and thus may not require informed written consent* of the respective clients.

Can a lawyer represent a client without written consent?

A lawyer shall not , without informed written consent* from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.

What is an other pecuniary interest?

[1] A lawyer has an “other pecuniary interest adverse to a client” within the meaning of this rule when the lawyer possesses a legal right to significantly impair or prejudice the client’s rights or interests without court action. (See Fletcher v. Davis (2004) 33 Cal.4th 61, 68 [14 Cal.Rptr.3d 58]; see also Bus. & Prof. Code, § 6175.3 [Sale of financial products to elder or dependent adult clients; Disclosure]; Fam. Code, §§ 2033-2034 [Attorney lien on community real property].)However, this rule does not apply to a charging lien given to secure payment of a contingency fee. (See Plummer v. Day/Eisenberg, LLP (2010) 184 Cal.App.4th 38 [108 Cal.Rptr.3d 455].)

Can a lawyer enter into a business transaction with a client?

lawyer shall not enter into a business transaction with a client, or knowingly* acquire an ownership, possessory, security or other pecuniary interest adverse to a client, unless each of the following requirements has been satisfied:

Can a lawyer use client information?

lawyer shall not use a client’s information protected by Business and Professions Code section 6068, subdivision (e)(1) to the disadvantage of the client unless the client gives informed consent,* except as permitted by these rules or the State Bar Act.

Christopher J McKillop

You don't have to have a signed retainer agreement to have begun the#N#attorney-client relationship. The fact that your lawyer filed a 473 motion#N#is an admission that he/she thought there was a relationship. Defaults#N#are routinely set aside so you need someone to research that possibility.#N#Hopefully your lawyer had malpractice insurance.

Elizabeth Smith-Chavez

It certainly seems that you were reasonable in relying upon the existence of a relationship and upon him acting on your behalf. The fact that he took action on your behalf supports such a conclusion.

Frank Wei-Hong Chen

The attorney-client relationship is formed when the attorney and the client reasonably believes the relationship to be formed. The signing of a written retainer agreement merely memorializes the relationship, but is certainly not a prerequisite for the formation of the attorney-client relationship...

Joseph Jonathan Brophy

There is plenty of case law all over the country that states an attorney client relationship is formed when the parties reasonably believe it to be formed. A written retainer agreement has nothing to do with it. That just memorializes the relationship and spells out the details.

Marilynn Mika Spencer

It's preposterous for the attorney to claim no attorney-client relationship existed if he filed a 473 motion and negotiated with the opposing attorney on your behalf .#N#Note: I am not an ethics attorney, so please verify everything below with an attorney who practices in the area of legal ethics.

What is the duty of a lawyer?

A lawyer has the duty, in all dealings and relations with a client, to act with honesty, Good Faith, fairness, integrity, and fidelity. A lawyer must possess the legal skill and knowledge that is ordinarily possessed by members of the profession.

Why are malpractice claims filed?

Many legal malpractice claims are filed because of negligence in the professional relationship. The improper and unprofessional handling of the attorney-client relationship leads to negligence claims that are not based on the actual services provided.

What are the four areas of legal malpractice?

The four general areas of Legal Malpractice are negligent errors,negligence in the professional relationship, fee disputes, and claims filed by an adversary or non client against a lawyer. As in the medical field, lawyers must conform to standards of conduct recognized by the profession.

Can a lawyer be charged with malpractice?

Lawyers who give improper advice, improperly prepare documents, fail to file documents, or make a faulty analysis in examining the title to real estate may be charged with malpractice by their clients. A legal malpractice action, however, is not likely to succeed if the lawyer committed an error because an issue of law was unsettled or debatable. ...

Is a lawyer liable for fraud?

A lawyer is liable for fraud—except when the client caused the attorney to commit fraud—and is generally liable for any damages resulting to the client by his negligence. In addition, a lawyer is responsible for the acts of his associates, clerks, legal assistants, and partners and may be liable for their acts if they result in losses to the client.

What happens when you retain a lawyer?

When you retain a lawyer, whether for a divorce or another issue, the lawyer is ethically charged with holding what you say to him/her as confidential.

Why do I get divorced?

If I had to bet, I would say that one of the reasons you are getting divorced, or already divorced is because of conflicts with your spouse over parenting. It's very common and one of the more stressful phases of a divorce.

Who is Jason Levoy?

Jason Levoy, a/k/a The Divorce Resource Guy, is an attorney who teaches people without a lawyer how to navigate the divorce process and represent themselves in court.

Do divorce attorneys get paid?

Attorneys are not free. They get paid for provide you with their time, knowledge and services. Now, it's often the case in a divorce that money is tight and most attorneys are sensitive to this, but they have to pay their bills too and can't work for free. You can't expect them to work for free.

Do attorneys charge hourly?

Most attorneys charge on an hourly basis, which is stated in your retainer agreement. Clients pay for an attorney's time. Your attorney is not your therapist, although I play one on t.v. I always tell clients I will talk to you as long as you want, but don't be surprised when you get the bill.

Is it important to have a therapist?

It's very important, but that's more the job of a therapist. If you're going to spend money, might as well do so to a qualified professional counselor. Your attorney will contact you when he/she needs something from you. There are periods in every case where nothing is going on and there is down time.

Can an attorney help you?

You don't help him help you. Remember, your attorney is YOUR advocate, even if you don't always feel that's the case. However, he is not a mind reader. Your attorney can only work with what you tell him and what documents you give him to back up what you tell him.

Why is it important to have an attorney-client privilege?

It encourages the client to be open and honest with his or her attorney without fear that others will be able to pry into those conversations. Further, being fully informed by the client enables the attorney to provide the best legal advice .

What is the privilege of an attorney?

The Privilege Only Protects Legal Advice. To invoke the attorney-client privilege, the proponent must establish a communication between attorney and client in which legal advice was sought or rendered, and which was intended to be and was in fact kept confidential.

Why do courts apply privileges?

Because the privilege is in derogation of the search for truth, courts will only apply it when the requirements are clearly met. The burden then falls on attorneys to stay up-to-date on the intricacies of the privilege and pass on their knowledge to clients who all too often make incorrect assumptions regarding the privilege’s scope.

What is privileged communication?

To be privileged, the communications must also reasonably be intended as confidential. This means that the communication must not be shared with any third party. However, with a corporate client, the attorney’s discussions with an employee may generally be shared with other non-attorney employees where information is sought at the attorney’s direction or the attorney’s legal advice is relayed. A party’s assertions that the communications were intended to be confidential will not satisfy the burden; the court will look to the circumstances to determine the intent.

Is a tax return privileged?

Thus, while documents related to tax returns are not privileged when the attorney provides accounting services in simply preparing the returns, those same documents may be privileged if an attorney uses them to provide legal advice as to whether the client should file an amended return.