Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I'm in the process of obtaining a lawyer's services and the…

I'm in the process...

I'm in the process of obtaining a lawyer's services and the agreement that I need to sign says I should get advice from an independent attorney for advice about liens. Can you help me here or should I seek a local attorney and what kind of attorney would that be?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have you taken so far?

None, just received retainer agreement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She also has a section on discharge and withdrawal that she recommends I seek an independent attorney

Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
3/17/2018
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,064
Experience: Retired
Verified

Notice: If you receive an offer of a phone consultation, which may appear to be sent by me, please know that this is an automated website offer from Justanswer, and that I do not participate in this program. If you accept the phone call offer, then a different contributor will be assigned to call you, who may or may not be licensed to practice law in California.

Hello,

I am a member of the State Bar of California.

Justanswer is a Q&A website. I can answer general questions about the law in this forum. I cannot review a fee agreement or any other contract, unless we take the matter offline into an attorney-client relationship (with customary fees, and a fee agreement similar to that which your prospective attorney is apparently offering -- except that I don't use attorney charging liens to recover unpaid bills from a client, so you don't need to seek independent counsel).

That said, if you have some general questions, feel free to ask. If you need confidential legal counsel, then let me know and I can send you an offer of direct correspondence.

Thanks for using Justanswer!

Ask Your Own Legal Question
Customer reply replied 4 months ago
I think I just need a better explanation of what is stated in the retainer agreement. She recommends I seek an independent attorneys advice about 2 sections...LIENS and DISCHARGE and WITHDRAWL.

Attorneys who intend to obtain a lien against a client's property have a legal obligation to advise a client "in writing [emphasis added] that the client may seek the advice of an independent lawyer of the client’s choice and is given a reasonable opportunity to seek that advice." Cal. Rules Prof. Conduct 3-300(B).

If you agree to an attorney's charging lien, your settlement or award obtained from the attorney's efforts in the case is subject to the attorney's lien for payment of all fees incurred in representing you in the matter. Isrin v. Sup. Ct. (County of Los Angeles) (1965) 63 Cal.2d 153, 158.

Concerning discharge and withdrawal, a client has an absolute right to terminate/discharge an attorney at any time, for any reason, or for no reason at all. However, the attorney is still entitled to be paid for the work done up until and including the date of termination, and the attorney's charging lien would apply to permit the attorney to recover against the client's settlement or award, if the client ultimately prevails in the matter (even if he/she hires another attorney).

The same applies to a withdrawal, which is the attorney's request to the court to be permitted to cease representation of the client. There are specific reasons why an attorney can withdraw -- the most typical being that the client is not timely paying the attorney's hourly fees (inapplicable to a contingency fee agreement); and where the attorney believes that the client is being so uncooperative that the attorney cannot provide competent representation.

That about covers it, I think.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,064
Experience: Retired
Verified
socrateaser and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,064
40,064 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
A Mechanics lien was filed against my home on March 6, 2018,
Hello a Mechanics lien was filed against my home on March 6, 2018, the contractors where terminated because of lack of work on December 4 2017, most of money they want has been paid already. What is m… read more
Bill Attorney
Bill Attorney
law
2,605 satisfied customers
A few days ago my Attorney stated he would be withdrawing
A few days ago my Attorney stated he would be withdrawing from my case. Then, a few days later he sent an email complaining about fees since he wasn't being paid as much as he would hourly because I'm… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,246 satisfied customers
I had a case settle several months ago. I had to fire my
Hello, I had a case settle several months ago. I had to fire my original attorney. Now that it has settled, that lawyer is coming around trying to claim a portion of the settlement. … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
754 satisfied customers
Possibly I have a specific question about a CA tax debt and
Possibly I have a specific question about a CA tax debt and what they can collect from. … read more
Maverick
Maverick
Doctoral Degree
6,136 satisfied customers
I live in california. 5 years ago my wife filed for divorce
Hi i live in california. 5 years ago my wife filed for divorce and emptied out our bank account. At the end of the trial the judge said she owed me 70,000. she said she would pay but never has. I woul… read more
LegalGems
LegalGems
Juris Doctorate
12,519 satisfied customers
MASTER ATTORNEY-CLIENT FEE CONTRACT This Attorney-Client Fee
MASTER ATTORNEY-CLIENT FEE CONTRACT This Attorney-Client Fee Contract ("Contract") is entered into between James ("Client") and David Stephen Zalob, State Bar No. 064821 ("Attorneys"). 1. CONDITIONS. … read more
LegalGems
LegalGems
Juris Doctorate
12,519 satisfied customers
Ca Attorney files motion of dismissal of legal counsel.
Ca Attorney files motion of dismissal of legal counsel. ruling granted, then files a lien on my settlement with mercury insurance. she fired me is she entitled to money from the settlement? if shes no… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
This inquiry is on behalf of my friend, Ms. G. Zhu, a Chinese
This inquiry is on behalf of my friend, Ms. G. Zhu, a Chinese citizen. Ms. Zhu loaned $40,000 to an American from New Jersey for a new shoe business. The IOU, signed by the American has been breached … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,820 satisfied customers
Hi,and thanks for being here to answer questions. My question
Hi,and thanks for being here to answer questions. My question is about cross collaterial loans through credit unions,is there anything that can be done to get a title for a commercial vehical that has… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
A part of my retainer states that by signing this letter, you
A part of my retainer states that by signing this letter, you are secruing any fees to us by assigning our firm a lien on all property in which you have an interst. This lien wil be in an amount equal… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
1. I was BK IN 2000 DISCHARGE ALL CREDITORS INCLUDING THE PROPERTY
1. I was BK IN 2000 DISCHARGE ALL CREDITORS INCLUDING THE PROPERTY I own BK FILING DATE :8/16/1999 DISCHARGE :12/06/1999 CLOSED:12/14/2001 2. ONE OF THE CREDITOR the property HOA,THEY FILE THE LIEN , … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,423 satisfied customers
bankruptcy lawyer failed to clear liens on house even though
bankruptcy lawyer failed to clear liens on house even though extra fee was paid for this service now is dragging his feet on getting this cleared (nov 1st) which is delaying our reverse mortgage since… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Im looking for a law that states you cannot receive gain or
I'm looking for a law that states you cannot receive gain or a "windfall" from the error, or omission of another. It may be a California Law, not Federal.… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
I want to sue a body mechanic over work not done or somehow
I want to sue a body mechanic over work not done or somehow obtain collateral until the work is done: I have a signed contract from the service provider guaranteeing the work would be done by 08/16/20… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
I run and equine boarding facility. Need info on how to legally
I run and equine boarding facility. Need info on how to legally sell the horse for none payment.… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
i was convicted of 11377 h&s and received 3 yrs formal probation
i was convicted of 11377 h&s and received 3 yrs formal probation on 4-11-2000 what is my best pursuit to have my conviction expunged or dismissed and have my gun rights restored… read more
Ali Kirk
Ali Kirk
Juris Doctor
170 satisfied customers
I want to become a legal parner with my boss in a KFC ...
I want to become a legal parner with my boss in a KFC restaurant I have paid him my share can you guide me through this process… read more
J D Haas
J D Haas
Trial Lawyer
Doctoral Degree
2,998 satisfied customers
My lawyer is doing anthing with my case. How do I fire him ...
My lawyer is doing anthing with my case. How do I fire him and will the court give me time to find a new lawyer?… read more
JDP Esquire
JDP Esquire
Attorney
Doctoral Degree
16 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x