what happens if your attorney wants to press charges if you for not paying him

What to do if you don't pay a bill?

If you believe the bill that you’ve received is outside of the context of your agreement, don’t pay it. Ask your lawyer about why the bill is the amount it is and—if you disagree, ask for a reduction. If the lawyer refuses to do so, consider filing for a nonbinding fee arbitration with a state or local bar association. Arbitration allows an outside party to become the neutral decision-maker when regarding bills and finances. It can be binding or nonbinding which allows you to reject the arbitrator’s assessment. Find out more from our local association.

Why is it so hard to win a malpractice case?

It is very hard to win a malpractice case because of the amount of evidence you need to prove that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar conditions.

What are the rights of a lawyer?

Some basic rights that you are entitled to include proper and effective communication/correspondence between a client and his or her attorney, the competency of the attorney to know the core knowledge and expertise of a client’s legal issue, the work was completed ethically and the agreement of fees is followed. As a summary, you can and should expect your lawyer to do the following: 1 Give you guidance regarding your legal circumstance 2 Keep you up to date about your case 3 Tell you what he or she thinks will transpire in your case 4 Allow you to make vital judgments concerning your case 5 Give you an assessment about what your case ought to cost 6 Help you in any cost-benefit evaluation that you may need 7 Keep in communication with you 8 Inform you of any changes, delays, or setbacks 9 Give you the information you need to make educated decisions, and 10 Prepare you for your case, including disposition and trial preparation.

Can you settle a case without a lawyer?

Yes, you can. However, you would have to prove that your lawyer did so without your authorization because the settlement was far less than what you were truly owed and didn’t effectively represent your case or that the lack of communication was systematic.

What are the causes of malpractice?

These basic pieces of malpractice are all due to problems associated with troubled attorney-client relationships. They are normally set off by a lack of communication, dishonestly and incompetence, inadequate legal work, arbitration, and billings.

Can you file a malpractice claim against a lawyer?

While it may be upsetting to not get the compensation you thought you deserved based on your attorney’s comments, you cannot file a malpractice claim against this fallacy. You can, however, get your file from the lawyer and get a second opinion on your case.

Things just got out of hand and I was angry and hurt

Things just got out of hand and I was angry and hurt#N#Sometimes there is a very thin line between domestic violence and domestic disputes.

What are my rights? the prosecutor won't listen to me

What are my rights? the prosecutor won't listen to me.#N#Once the state pursues charges against your loved one, in many states you do not have the power to drop the charges.

Evan M. Howard

Your best bet is to file a civil claim against the person. Small Claims Court is for claims up to $5,000. Contact an attorneys to help you with the process. You can file a small claims case yourself though.#N#If you'd like help you can contact any of us attorneys whom answer your question here or use the find a lawyer section in this website.

Robert C Collins II

If your "friend" won't pay, then you may have to file a lawsuit against him. You may want to look into whether your situation qualifies for small claims court.

Why don't police arrest people?

Police and prosecutors don't arrest and charge someone solely because another person claims that a crime occurred and wants the offender prosecuted. Unless the police observe the crime, they will need to gather evidence and other information to recommend that the prosecutor charge the person with a crime.

What does the prosecutor do when the police arrest a suspect?

If the police arrest the suspect, the prosecutor will review the police report and determine whether the government can proceed on the charges. The prosecutor must determine whether the government can, with the available evidence, prevail at trial. To win at trial, the prosecutor must prove beyond a reasonable doubt—a standard of proof much higher than probable cause—that the accused committed the crime.

What evidence is needed to make an arrest?

physical evidence, such as a weapon or property damage at the crime scene. evidence of physical injuries to the victim, and. video or audiotape of the incident. This evidence—if sufficient to establish probable cause—will support an arrest or a request for an arrest warrant. If the police don't arrest the offender but have evidence ...

How does the prosecutor determine whether to pursue a case?

In determining whether to pursue a case, the prosecutor will consider the victim's statements and expected level of cooperation. A victim cannot force or require the prosecutor to pursue a case, but the prosecutor is more likely to pursue criminal charges if the victim is cooperative.

What is the role of the victim in a criminal case?

The Victim's Role in Prosecution. In determining whether to pursue a case, the prosecutor will consider the victim's statements and expected level of cooperation. A victim cannot force or require the prosecutor to pursue a case, but the prosecutor is more likely to pursue criminal charges if the victim is cooperative.

What does probable cause mean?

Basically, it means the police believe reasonable grounds exist for concluding that a crime occurred and the accused committed it. The police can consider various types of evidence and information in determining whether probable cause exists to arrest someone, including:

Can a private person file a criminal complaint?

A few states allow private persons to file criminal complaints or charges against others for minor (petty) or misdemeanor crimes (like trespassing or simple battery) without the police or the prosecutor's office being involved. Similarly, some states allow "private prosecutors" to try criminal cases in certain instances.

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 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:

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 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.

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.

How long can you go to jail for a false police report?

For example, if you make statements inconsistent with what you originally told police, you could be seen as having made a false police report, which is a Class B misdemeanor that can put you in jail for up to 180 days and cost you up to $2,000 in fines.

Why do you need a criminal defense attorney?

That’s why it makes sense to have a criminal defense attorney on your side. To protect your interest to the extent possible but preventing an injustice from occurring against an innocent person.

Can a prosecutor drop charges?

You can ask the state or federal government’s prosecutor to drop the charges, but they do not have to honor your request. A good prosecutor will usually take your wishes into account when considering what the appropriate punishment should be, but they make the final decision.

What happens if a wife does not press charges?

The wife is not pressing the charges; the State is. She or someone else called the police and the police investigated, including taking statements for witnesses and her. If she does not want the case pursued, she can contact the prosecutor (or the prosecutor will be contacting her) and advise the prosecutor how she feels but this does NOT mean that the case will be dismissed. In fact, they are rarely dismissed. If the case is set for trial, the wife will be subpoenaed. If she does not show up, the State will send someone out to pick her up if they can find her. If they cannot find her, they can proceed to trial without her using her outcry statements if they are admissible and available.

Why can't a witness drop charges?

Once the crime is reported, she cannot simply drop the charges because there is a state interest in upholding the law. If she is subpoenaed as a witness and fails to show, they can issue a warrant to bring her to court. In some cases, the case will be dropped when the witness recants or is reluctant. Report Abuse.

What happens if a victim doesn't show up for a DV?

As to your question of what would happen if the victim doesn't show up, a warrant may be issued, but if they fail to locate the victim, the charges would likely be dropped entirely.

Who is the only witness in a case?

Normally the wife is the only witness. Without her testimony it would be difficult for the State to prevail. There are exceptions, confessions, excited utterance, other witness may help the State prevail.

Can a wife recant a case in California?

Unfortunately for the Defendant, the answer is NO. Even when the wife does not want to press charges or even recants ( no longer supports her story) to the police/DA, California law still requires the prosecuti on to go forward. Most of the time this is done by offering the wife's original story to the Jury by way of the arresting officer. He is allowed, under current California law, to give hearsay testimony of what the wife originally told him about the incident, and any abuse that had just taken place. However, that is still the key for the Defendant to his winning the case, by showing that the wife's original story is full of holes or inconsistencies, and that she now recants that story because she doesn't want to lie in Court. These cases can be won by effective, experienced criminal defense attorneys!

What happens if a woman does not appear in court?

If she does not appear in court there will be concern on the part of the court and prosecutor that she has threatened, injured or intimidated by the defendant. Her nonappearance will only delay the proceedings. She should appear in court and advise the prosecutor of her wishes.

Can a prosecutor subpoena a wife?

It is the prosecutor's burden of proof at trial. The prosecutor can subpoena the wife to attend trial and may proceed even if the wife does not want to cooperate.