Legal Question in Civil Litigation in New Jersey

Re: Lawyers responsibility in a civil law suit

I have read all the other lawyers' answers.

Look, it is simpler to have you come to my office, bring all the papers that have anything to do with this, and have me give you a free half hour consultation. So, call me.

No one can answer the question as to what the attorney should do, without seeing the contract between you and the lawyer. And you really should not have to fight the attorney to do the job. Just go talk to another attorney.

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Re: Lawyers responsibility in a civil law suit

you need to check your retainer agreement for the type of services that you hired. The attorney need only go as far as his contract requires. By the way, the rest is easy.

Re: Lawyers responsibility in a civil law suit

The lawyer's responsibility is whatever he is hired to do. If there is no mention of collecting on any judgment obtained he has done his job by obtaining the judgment. Collecting on a judgment may involve a different set of skills and services than that of providing legal services for trial purposes. The lawyer may require compensation for collecting on the judgment if he was paid on an hourly basis for services rendered in obtaining the judgment.

The more I try to give an appropriate answer to your question the more cirmstances I can see where my answer would be wrong.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Lawyers responsibility in a civil law suit

I agree with Mr. Moore's answer to you. If you have a written contract or an engagement letter, that document would govern. If not, or if those documents are silent on the issue, the engagement of trial counsel is usually considered to end when a final judgment has been obtained and the time for post-trial motionss and appeals has been exhausted. (Trial counsel is not responsible for filing an appeal but only for advising the client as to the existence of any right of appeal.)

A related point is that contingent fee agreements (which must be in writing in NJ) are frequently drafted so that the lawyer is paid only from the amount that is actually collected. Although this give the lawyer incentive to participate in the collection, it does not require it.

See also: http://info.corbettlaw.net/lawguru.htm