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Posts Tagged ‘Defendants’

Q&A: Can Their Divorce Lawyer Put Liens Against Both Parties – Defendant’s Attorney’s Lien Against Plaintiff Too?

Question by cz0v3qhero: Can Their Divorce Lawyer Put Liens Against Both Parties – Defendant’s Attorney’s Lien Against Plaintiff Too?
Hello,

I hope today find you all doing well.

Background:
I filed for the divorce, so I’m the Plaintiff in a divorce. I don’t have an attorney, as i could afford one.
The Defendant does have an attorney.

My question:
My question is Can her attorney hold me liable for her fee? (I know the answer is yes/no but what does #25 mean in “plain english”)

Her attorney put the following statement in the Judgment of Divorce:

20. ATTORNEY FEES/ATTORNEY’S LIEN — IT IS FURTHER ORDERED AND ADJUDGED that each party shall be responsible for and pay his or her own attorney fees. IT IS FURTHER ORDERED AND ADJUDGED that the law firm of Her Lawyer, shall have an attorney’s lien against Defendant’s proceeds of this settlement to the extent of costs and attorney fees incurred in this matter.

25. REAL AND PERSONAL PROPERTY. IT IS FURTHER ORDERED AND ADJUDGED that the following liens have been imposed by operation of law: the law firm of HER Lawyer, shall have an attorney’s lien against Plaintiff’s proceeds of this settlement to the extent of costs and attorney fees incurred in this matter.

Sorry for Caps, i copy/pasted it so language would remain intact.

What do you Think?
To me, the non lawyer, #20 means “we pay our own way”

However, also to me, #25 means “I might end up with some of her lawyer fee liens against me too”

Seeing how i was laid off 6 months ago, I can’t afford her lawyer’s fees.

Thanks for any help which you may lend.
Please Note that JOD is not final, and above #20 and #25 are what the opposing sides “wants” to put in the JOD. So, i believe that these can still be changed/edited.

Best answer:

Answer by Mary
the judge most likely ordered the attorney to represent both of you and will sign off on the judgement which allows a lien on your share of the marital asset.

This is the reason why YOU should have an attorney!! The other atty. is eating up your interest

Give your answer to this question below!

Be the first to comment - What do you think?  Posted by - January 7, 2011 at 12:15 pm

Categories: Divorce Lawyer   Tags: , , , , , , , , , ,

Judge orders defendant’s mouth taped shut?

Question by Clueless One (WITH WISDOM): Judge orders defendant’s mouth taped shut?
An eastern Idaho judge who lost patience with the disruptive behavior of a defendant ordered court officials to tape the man’s mouth shut with duct tape during a court hearing. The unusual move was ordered by 6th District Judge Peter D. McDermott during a probation violation hearing for Nicklas Frasure, 23.

Frasure was convicted of felony theft in 2008, but the judge retained jurisdiction for sentencing depending on Frasure’s response to treatment. In October, Frasure was released from a state mental hospital in Blackfoot.

He is accused of violating his probation by not taking prescribed medication.

During the hearing, witnesses told the judge that Frasure’s behavior had been strange and erratic since his release from the state hospital. They also said he has not been taking his medication and has been consuming alcohol, factors also contributing to mood and emotional swings.

Probation officer Julie Guiberson testified that Frasure is a threat to himself and others.

During Monday’s hearing, Frasure interrupted the proceedings with repeated verbal outbursts and unusual behavior and ignored several orders from McDermott to restrain himself. After another series of outbursts, McDermott told bailiffs to silence Frasure.

The bailiffs then found a roll of duct tape, tore off a piece and put it over Frasure’s mouth, according to the Idaho State Journal.

“He’s obviously not mentally competent,” Frasure’s lawyer Kent Reynolds told the judge.

Earlier in the hearing, Reynolds had asked the judge to order a mental competency evaluation for Frasure.

McDermott said he would consider the request, but did not immediately rule on it. McDermott placed Frasure under the jurisdiction of the Idaho Department of Correction. He is being held in the Bannock County Jail awaiting transfer to a state facility. Officials, citing privacy rules, declined to say where he would be transferred.

An Associated Press call for comment, left with the Idaho Judicial Council, was not immediately returned Tuesday. The council investigates all complaints filed against Idaho judges.

The American Civil Liberties of Idaho refrained, for now, from commenting on McDermott’s decision to silence Frasure.

“The ACLU of Idaho cannot comment on the specifics of this case,” said Monica Hopkins, executive director. “However, on one hand judges have a right to keep order in their court and on the other the defendants have a right to assist in their own defense and be present at trial. Our hope is that judges employ the least restrictive manner of keeping order in their courts.”

At the end of the hearing, the judge ordered bailiffs to remove the gag and said he hoped Frasure’s condition would improve with being under state custody.

Frasure responded, “You want to arm wrestle?” as he was led out of the courtroom by bailiffs.
Question is, what do you think?

Best answer:

Answer by jurydoc
And your question would be???

Give your answer to this question below!

4 comments - What do you think?  Posted by - December 10, 2010 at 9:18 pm

Categories: Idaho Lawyer   Tags: , , , , ,

Perceptions in Litigation and Mediation: Lawyers, Defendants, Plaintiffs, and Gendered Parties

Perceptions in Litigation and Mediation: Lawyers, Defendants, Plaintiffs, and Gendered Parties

Grounded in interpretive theory and offering interdisciplinary insights from sociological, psychological, and gender studies, this book addresses the question – How do professional, lay, and gendered actors understand and experience case processing in litigation and mediation? Drawing on data from 131 interviews, questionnaires, and observations of plaintiffs, defendants, lawyers, and mediators involved in 64 fatality and medical injury cases, the book challenges dominant understandings of how formal legal processes and dispute resolution work in practice as well as the notion that disputants and their representatives broadly understand and want the same things during case processing. In juxtaposing actors’ discourse on all sides of ongoing cases on issues such as expectations, needs, comprehensions of what plaintiffs seek from the legal system, objectives for resolving conflict at mediation, and perceptions of what occurs during attempts at case resolution, the findings reveal inherent problems with the core workings of the legal system. By providing in-depth views on the micro-elements of case processing, the book uncovers important issues about formal and informal justice, the inextricability of disputants’ legal and often overriding extra-legal needs, and current paradigms relating to professional, lay, and gendered identities.
This book is unique in examining and understanding the workings of the legal system through juxtaposing lawyers’, plaintiffs’, defendants’ and mediators’ perceptions of litigation and mediation in ongoing litigated cases. This has not been done before, as access difficulties are immeasurable * The book adds to the paucity of in-depth empirical data from plaintiffs and defendants themselves on their motivations, perceptions and extra-legal agendas during litigation and mediation. The findings additionally offer insight into how female and male lawyers practice law, and how female and male plaintiffs and defendants experience legal processes.

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List Price: $ 85.00

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1 comment - What do you think?  Posted by - October 3, 2010 at 9:17 pm

Categories: Mediation Lawyer   Tags: , , , , , , ,