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Asker

Posted almost 14 years ago.

At the moment, I am the attorney. I am listed as Pro Se in my complaint. I've paid all the fees and costs so far for service and whatever other filings I made and the case was dismissed.

However I have proof that the judge made an error in his decision and I was told by many to appeal. I do not have the funds to keep this going and need more to get a good attorney on board and just need to know the best way to do that.

Sema Yildirim

Sema Yildirim Tampa Family Law Attorney

Posted almost 14 years ago.

You are a licensed attorney?

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Asker

Posted almost 14 years ago.

No I am not, but I am representing myself in my case along with another citizen...I want to find an attornay but I don't have all the funding and have a lot of people that are willing to help but I need to set up SOMETHING to take donations.

I've been looking around and a legal defense trust looks like what I need, do you agree?

Sema Yildirim

Sema Yildirim Tampa Family Law Attorney

Posted almost 14 years ago.

If you have a lot of people who are willing to help you, then you can just ask them to pay the attorney directly. I do not understand your dilemma

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Asker

Posted almost 14 years ago.

I AM THE ATTORNEY for my case. I am represeting myself. So you are saying that I can put a DONATE button on my website and use those funds to pay court costs and service fees and HOPEFULLY an attorney, IF I can find one?

I have people I know that will donate and I have I don't know that I KNOW will donate to the cause and I need something setup to where I can take those donations legally and use them for the cause. If my case goes nowhere or if I have excess funds, I plan to use them to fund any other cases that might need funding, that deal with the came cause...

Daniel Gary Rosenthal

Daniel Gary Rosenthal Gaming Law Attorney

Posted almost 14 years ago.

He's pro se so he's representing himself. There is no attorney. And paying the attorney doesn't help, donations should be tax-deductible and just creates trust account issues for the attorney. That's not our job. Seriously, this is advice?

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Asker

Posted almost 14 years ago.

Who are you talking to and what males you think I'm a HE? I am a she and what are you trying to say here?

I am trying to get advice on the best was to be able to legally accept donations for my case...If I eventually FIND an attorney, I'd like for it be be as easy as possible, if you are saying a trust isn't good for an attorney, then what would be?

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Asker

Posted almost 14 years ago.

Sorry for the typos, was rushing...

Daniel Gary Rosenthal

Daniel Gary Rosenthal Gaming Law Attorney

Posted almost 14 years ago.

Avvo does not tell us your name, we have no way of knowing whether you are male, female, or porpoise. Apologies for getting it wrong, I tend to use "he" in general.

The best way to receive donations will depend on the type of case, your financial situation, your attorney's willingness to be involved in fundraising, etc. You could go the route of setting up a non-profit organization as a legal defense fund. You could set up a trust, as other attorneys have suggested here, though donations would not necessarily be tax-deductible. You could have them simply pay you cash as a gift. You could do a combination thereof. All of these are better options than suggesting that people pay your attorney directly for your legal fees. That is a terrible option, which creates issues with what is called trust accounting (finances that your attorney holds in trust for a client) . It also raises ethical issues for the attorney involved in that their ethical duty as an attorney is to their client, yet they are potentially being influenced by the people giving money.

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Asker

Posted almost 14 years ago.

No Problem, everyone calls me a guy...I was jus playin...

My case is against the state concerning fraud, neglect, violation of constitutional oath and not following the law that their duties prescribe.

Thanks, that's what looked the best to me, a legal defense fund and I also plan, IF it makes more money than I need, to help other challenges around the country that are dealing with the same isue. Wouldn't that be helping the community and be worthy of non-profit. I mean I don't plan to make any profit from it, so why shouldn't it be non-profit?

Daniel Gary Rosenthal

Daniel Gary Rosenthal Gaming Law Attorney

Posted almost 14 years ago.

Just keep in mind that a non-profit is limited in scope based on what you define in its creation. So if it is written as YOUR legal defense fund, it may not be possible for it to spend leftover money on others. Consequently if it is written generally, you may need to include justifications why it should be spent on your case compared to other people's. A skilled attorney can help with all of this, of course.

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Asker

Posted almost 14 years ago.

So you are saying it would be better if it were just for my case? What if I happen to bring in more than needed, what can be done with excess monies?

Yes, if I had the money for a skilled attorney, I woulnd't be needing to take these donations! It's a shame that to prove the state if breaking the law and taking away your rights, that you need to PAY for it! Totally unfair in my opinion!