If it was not *you*, me? Not quiet understand.

You mean if a lawyer KNOWS it would not accpeted, he would not take the case. So, it takes it, definitely, because he knows for SURE Supreme Court will accept it?

No- i meant that the attorney will likely put in 10-30 hours (depending on the type of case) of reviewing the case, drafting the brief, reading the file, doing research, investigation etc. The fee is really for that, not for the oral argument.

That is something else you just replied. I am simply focus on Accept or Deny.

Brief or Memorandum isn't it something a lawyer done after the case been accpeted firt?

Don't you supposed to send first an Notice for Appeal, and then wait for the court to OK it or accept it...and then if after accept the appeal, then you look further for the court brief, court date etc...?

My case is about Domestic Abuse Restrained Order, where I have been asked to stay away from my 4 children for 5 years for NO GOOD CAUSES.

I am uncertain regarding procedure in Ohio, but in most states that I have practiced in they decide whether to accept or deny based upon the brief and memorandum.

Oh, therefore, you mean it's up to "Ho good the person (lawyer) is good at writing the brief, right?

So, can you tell me, do I have to pay a lawyer first before writing the brief?

What is after writing the brief and court not accept the case, what should I do with the attorney if I already paid him?

I don't know any attorneys that would write a brief before they are paid.

In regards to your second question-If you have already paid him, he may have already started the work.

Attorney Doyle's answer is 100% accurate. To clarify, the confusion seems to be between the Notice of Appeal and the Memorandum in Support of Jurisdiction. The court does not grant or deny jurisdiction based on the Notice of Appeal; however, the notice of appeal is the first step and necessary if you have any chance of success. The second step is to file the memorandum of jurisdiction (the brief). It is based on this brief, opposing counsel's brief in opposition, and the courts own legal research that a decision to grant jurisdiction will be made.

It is against the Ohio Rules of Professional Conduct for an attorney to take a contigent fee in a criminal case. Furthermore, no attorney would ever take this type of case on contigency. Jurisdiction is discretionary and the amount of time that goes into writing the brief is substantial. Unless you have a very good history with an attorney, you will likely have provide a retainer before an attorney begins drafting the brief.

How is Contingent fee and Retainer different in term of lawyer and clients?

A contingent fee is a fee that is dependent upon a certain result. Example-In personal injury cases an attorney receives 1/3 of the settlement. If client receives zero then the attorney receives zero.

A retainer is an up front payment. Typically, other attorneys are paid hourly. They will return any portion of the retainer that was not used. Example-attorney charges $250 per hour. He takes a retainer of $3,000. He spends 10 hours. He then returns $500.