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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2677
Experience:  personal injury and medical malpractice attorney
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An attorney was representing a relative on a contingency

Customer Question

An attorney was representing a relative on a contingency basis for a product liability matter so the attorney was paying the court fees to file motions, etc. However, my relative didnt think the attorney was effective and my relative is now handling the
case pro se and wants to file a motion. I was wondering if it is too late for my relative to apply for fee waive/poor person status on a case that had begun as fee paying? This case is in supreme court.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. A fee waiver request must be made by filing a Motion with the court. This is done by making a Notice of Motion and a sworn Affidavit that explains your finances to the court. There is no official form for this request and different judges may require different information to decide your fee waiver request. It is best to call the Court Clerk’s Office to ask for a form or instructions. You can do this per se but the court will look at evidence that you already retained an attorney and the fees were already taken care of, the court will look at all issues as described below. It is not too late to file but it might not be successful. Judges have a lot of leeway in this matter so one Judge might allow it whie another might dismiss your request on its face. Fee Waiver (Poor Person's Relief)If you are getting public benefits, are a low-income person, or do not have enough money to pay for your household’s basic needs and your court fees, you can ask the court for a "fee waiver." This is also called "poor person’s relief." [CPLR 1101]With a fee waiver, you won’t have to pay court costs for starting a case, filing a jury demand, appealing a court decision and getting a transcript of the trial. Court Fees and CostsMany courts charge money to start a court case. This is called a filing fee. The amount of money you have to pay depends on the court and the type of case. You may also have to pay other filing fees during your case. Check Filing Fees to see what fees apply in your case.If you win a judgment or a settlement, the judge may make you pay back any fees that were waived. Asking for a Fee WaiverA fee waiver request must be made by filing a Motion with the court. This is done by making a Notice of Motion and a sworn Affidavit that explains your finances to the court. There is no official form for this request and different judges may require different information to decide your fee waiver request. It is best to call the Court Clerk’s Office to ask for a form or instructions. You can also visit a Court Help Center. Read about How to Ask the Court for Something in your case for more information. What to Say in a Fee Waiver RequestThe Affidavit given to the Court to support your fee waiver request should include the following information:state that you are unable to pay the costs, fees and expenses needed to start or defend the case (or to start or answer an appeal);explain the nature of the case, tell the court what the case is about;include facts about your case that show there is merit to your claims;include a detailed explanation of the amount and sources of your income;include a detailed list of your property with its value;indicate whether any other person would benefit from any award in your case, and if so, whether that person is unable to pay the costs fees and expenses.Different judges require different proof to decide your fee waiver request. So, the court may ask you to submit additional items to prove you do not have the money to pay your court costs.Here are some examples of fee waiver forms that may be helpful to give you an idea of what information the court wants to know. Remember, each court may have different requirements so only use these forms as a guide. Call the court for help. See link for poor person affidavit for the Supreme Court:http://www.nycourts.gov/courts/5jd/lewis/forms/Poor-Person-Affidavit.pdf Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)
Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, do you have any further questions? If not, please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 1 year ago.
Do you need help with the rating system? We answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.