QUESTION

If I have a friend whose attorney racked up 10,000 in a month and he cannot afford the attorney anymore, what are his options?

Asked on Jan 21st, 2014 on Child Custody - Rhode Island
More details to this question:
Court appointed? Or represent himself? How does he get started with representing himself and who should he contact? Attorney will not help at all or let him know what direction to go.
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7 ANSWERS

Personal Injury Attorney serving San Antonio, TX at Law Offices of James P. Peterson
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That person should go talk to other attorneys.
Answered on Jan 24th, 2014 at 4:43 AM

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Alternative Dispute Resolution Attorney serving Chandler, AZ at Cox Sandoval Law, PLLC
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In family court, a person is not entitled to court-appointed counsel as there is no 6th Amendment right to counsel for divorce or custody matters. I would suggest consulting a different attorney that offers a different retainer or payment plan to have that attorney substitute in. Alternatively, he can represent himself.
Answered on Jan 23rd, 2014 at 5:09 PM

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Family Law Attorney serving Lincoln, NE
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You cannot be appointed an attorney in child custody/civil proceedings, only in criminal proceedings where jail is a potential punishment (such as contempt actions). Your friend can request that the attorney withdraw from the representation and let the Court staff know he is proceeding pro se (representing himself), attempt to work out a payment plan with the attorney to continue the representation, or seek another attorney. The pro se option is very difficult, as the Court staff is not allowed to assist him with his case and he will be required to follow all court rules and procedures just as if he were a licensed attorney, which could result in irreparable damage to his case. If he chooses to try to continue with the same attorney, he should have a frank discussion with that attorney about ways he could keep costs down if the attorney is billing by the hour, perhaps he can do some work, organization, info gathering himself to help keep costs down going forward. Often what appears to be "racking up" a bill is not hiring a lawyer is not like buying anything else the other side's actions and in-actions can also drive up the bills and costs, as well as clients who require a lot of attention during the case (multiple phone calls and emails each week, etc.). Finally, if your friend seeks a new attorney, he should be fully honest with that person about his financial situation and ask about how to be cost conscious.
Answered on Jan 22nd, 2014 at 8:40 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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If this is a divorce matter, he is not entitled to an appointed attorney. Which means he would either have to represent himself or go through a non-profit organization, such as legal aid.
Answered on Jan 22nd, 2014 at 8:38 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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There is no court appointed attorney unless it is a criminal case. Even then, if he has the resources to pay, he will have to obtain his own attorney. The attorney will have to withdraw from the case and the friend can file an appearance on his own behalf. Given how much has been spent already, he will probably lose because this sounds like a very complicated case.
Answered on Jan 22nd, 2014 at 8:38 PM

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Civil Litigation Attorney serving Dallas, TX at Ginsberg & Associates
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If this is any case other than a contempt or termination of parental rights case the court will not appoint a lawyer to represent him. If your friend is indigent he can go to legal aid office or seek pro bono help through the state bar. If your friend had some money, then he should start interviewing lawyers and asking them what needs to be done to finalize case and how much it should cost.
Answered on Jan 22nd, 2014 at 8:36 PM

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Divorce Attorney serving Bloomfield Hills, MI at Catchick Law, P.C.
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One does not have a right to a Court-appointed lawyer in a Custody case. $10,000.00 a month in legal fees seems excessive. Your friend should demand an itemized billing statement from his lawyer, and he should start interviewing other potential lawyers to take over the case, as litigating custody is easily one of the most difficult areas of family law, and should not be done without the help of an experienced family law attorney.
Answered on Jan 22nd, 2014 at 8:36 PM

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