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re: Divorce attorneys can she do this?
Posted on 7/9/16 at 11:36 pm to stlslick
Posted on 7/9/16 at 11:36 pm to stlslick
If it was an agreed settlement, then there is no way a judge would approve it without her signature. Obviously it would be pretty hard to prove that she didn't know if her signature was on the agreed order. Furthermore, I have never seen an agreed order that did not have each parties initials on each page followed by a full signature, date, and notary on the last page. Again, a judge is not going to accept it without this. It's common practice.
As far as contingencies goes, criminal cases and divorce cases are the only two instances an attorney is barred from taking on a contingency basis (according to the ABA Model Rules of Professional Conduct; states are free to make their own, but most go with the ABA). In short, her attorney could not take the case on a contingency fee basis unless FL is different than the ABA.
quote:
Baldona
As far as contingencies goes, criminal cases and divorce cases are the only two instances an attorney is barred from taking on a contingency basis (according to the ABA Model Rules of Professional Conduct; states are free to make their own, but most go with the ABA). In short, her attorney could not take the case on a contingency fee basis unless FL is different than the ABA.
This post was edited on 7/9/16 at 11:39 pm
Posted on 7/10/16 at 8:18 am to TigernMS12
quote:
As far as contingencies goes, criminal cases and divorce cases are the only two instances an attorney is barred from taking on a contingency basis (according to the ABA Model Rules of Professional Conduct; states are free to make their own, but most go with the ABA). In short, her attorney could not take the case on a contingency fee basis unless FL is different than the ABA.
what was the timeline? i believe you can take property settlements in some areas (like LA) on contingency if the divorce is finalized. i was advised by an ethics attorney to never do this b/c if anything comes up, they will comb through your file to find some other violation to nail you. it's legal to do so but is frowned upon, per him (which i don't even get but i digress)
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