Attorney on Retainer

[Blue1]

Well, I don't know an attorney but, after reading some of the posts in this thread, I've got an idea how to get to know one. Good advice coming from the kind folks on the forum as usual.

For those in my same predicament (not knowing an attorney) let me offer this:

Recently, I went to court to testify against an unscruplous contractor. Before I went, I called my E&O carrier. They have attorneys on retainer. Although my case had really nothing to do with an E&O claim, that attorney gave me good advice.

 

[Leon Stewart]

Most Legal Fees are inflated anyway, so to keep an Attorney on a Retainer or a Pre-payment Plan is allowing yourself to be had. They can easily deduct your monthly payments or Pre-payments from their inflated total fee when they complete a particular assignment. A small monthly retainer just locks the payer (Client) into getting his legal work from a specific Attorney, but there is no real savings involved. Retainers only work when the Attorney or Accountant is responsible for completing a specific amount of work each month, and there are no up's for any related task. In the case of Small Shop Attorneys, they charge upwards of $ 150 an hour for anything they do for a Client, phone calls included, and there is no way of verifying their hours. They have their notes as to how they arrived at the billing amount, but the notes don't hold water. It's the only Profession in the World where they can knowingly file false information, and nothing is done about it. Almost always, if the question of Legal Fees end up in Court, the Judge usually reduce the Fees.

leart3

 

[David C. Johnson]

<span style='color:darkblue'>leart3,

Greg's experience notwithstanding, I must agree with your assessment of prepaid legal services (apparently he has found a good one though -- I tend to respect his opinions). Some of the TV ads I have seen recently are very obviously intended to target the uneducated. (Speaking of, while I have never seen the show, I have to grin every time I see some ridiculous ads on TV pushing some new TV show around here called "POWER OF ATTORNEY!!") In addition to what you mentioned, here's how I look at it: In the end, if your monthly retainer fees end up exceeding your account's total legal billings, "no problem"; however, if you exceed your allotment for attorney expertise, you can pretty well count on getting billed. I don't know about that deal.

I have studied The Revised Rules of Professional Conduct of the North Carolina State Bar (as enforced, pretty much a crock) for the state's attorneys. Unfortunately, our state bar is another NC state board with an associated, inherent, high "problem organization" factor. (One of the attorneys I met at the NCAB who was representing a respondent there mentioned that a past president of either the NC State Bar or the NC Bar Association -- he couldn't remember which -- subsequently did a little time in federal prison.) Regardless, we have many fine attorneys in this state. For anyone who might be interested, this document addresses that which such prepaids may and may not do (in NC).

http://www.aoc.state.nc.us/www/public/aoc/...c/barrules.html

My brother is a past criminal prosecutor (in </span>, Joe -- while there certainly are problems here and there, NY cops are widely considered to be some of the most professional in the land) and now is in private practice there. (He had a case against John John Kennedy several years ago when John was an assistant DA with the Manhattan DAs office -- case plea bargained; he said John was real professional and real likable.) Excellent attorney if your charged with murder or grand larceny, etc., but pretty useless at contract law, divorces, eminent domain, etc. There is a whole lot of specialization in the law (as I know you know) -- and casual knowledge on the part of an attorney usually don't get it (as they will tell you). This may be at least one benefit of large prepaids -- but I am not necessarily convinced.

By the way, Administrative Law is not a recognized specialty of law (at least in NC) -- but it probably should be. This is not to say that some attorneys do not specialize in Administrative Law (i.e., a Tribunal System) somewhat. I think part of the issue is that it is not considered "real law" -- while the likelihood for gross constitutional abuses are probably more substantial and more common in Administrative Law than any other form of the law. Prosecutors can get away with murder with virtually no fear of repercussions.

I would carefully check an attorney's past experience in front of state boards prior to accepting the assistance from a prepaid (or any other attorney). Their knowledge of the law will be all but completely useless -- but just as likely, counterproductive -- in front of some such boards.

Regards,

David C. Johnson, Raleigh[/color]

NOTE: Rereading my post on Sunday, I see that I had typed "NC," where I meant to type "NY." I have changed its color and spelled it out to point out the correction I made just now.

 

[Leon Stewart]

The point I was trying to make was that Attorney's are just like the rest of us, they are in business to make a profit, and you don't do that by giving away your services. If you consider participating in some type of "Barder" System, in most cases you will come up short, and just because a person comes up with a scheme to market their services, it doesn't necessarily mean that you will be getting something free or at a discount. These kind of business people function just like the Grocery Markets and lower the price on one item while increasing the price on several others, and it's comical as to how some people think otherwise.

leart3

 

[Residential Appraisal Ser]

The AGA as part of their benefits package affords an attorney to all members, through our AFL-CIO union privlege prgram.
We have 700 attorneys through out the USA. Consult is free for each item. If you retain the attorney, a deep discount is given. Most of the attorneys with discount are less then $70.00 per hour.

William Sentner
President
American Guild of Apprasiers OPEIU AFL-CIO
RESASINC@aol.com