Legal Question in Real Estate Law in California

time frame for dismissal

If I bring forth a suit for forgery and retained the attorney on a contingent basis, is there a time frame to ask for the case to be dismissed?


Asked on 1/04/08, 2:06 am

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: time frame for dismissal

You can dismiss a case at any time. However, talk to your attorney about whether you could be liable for the defendant's legal costs. You should also review your agreement with your attorney to determine whether you might have to reimburse your attorney for the costs advanced on your own behalf.

I'm not sure why you're asking about the contingent basis. That really should play no part in your decision regarding dismissing the case.

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Answered on 1/04/08, 2:17 am
George Shers Law Offices of Georges H. Shers

Re: time frame for dismissal

You have asked this question three times!If you compose your question before typing it the question in general is much clearer.

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Answered on 1/04/08, 10:23 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: time frame for dismissal

You are the client, and you can dismiss the case at any time. However, the attorney may well have the right to get paid for the reasonable value of his services given to date since you would be preventing him or her from earning a fee.

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Answered on 1/04/08, 3:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: time frame for dismissal

If there hasn't been a cross-complaint, a plaintiff can voluntarily dismiss his civil suit, without court permission, any time before trial begins.

The dismissal does not prevent a claim from the plaintiff's own attorney for earned fees, even if the fee was contingent, because the dismissal deprives the lawyer of any possibility of earning the fee.

I see a larger problem in your suit. Forgery is a crime, and I cannot find any authority allowing a private suit for forgery. A civil action can be brought on the same facts that amount to the crime of forgery, but it should be denominated as a cause of action for fraud or conversion, not forgery.

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Answered on 1/05/08, 9:40 pm


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