Cecil Eugene Morris Jr's Answers

I settled a lawsuit in December, 2008, to date my lawyer has not given me the funds from the settlement. What recourse do I

You should send your lawyer a written request, asking that your lawyer provide you with an accounting of the settlement funds and to disburse the undisputed funds to you promptly. The accounting should set forth the amount of the settlement, the lawyer's fee, all costs, and all liens, subrogation interests, and amounts due to treaters and others who were told they would be paid from the proceeds of any settlement or judgment, and the net amount due to you. If any of the amounts in the...

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Legal Fees

first, i have never heard of "fee swinging." second, whether an adverse party can obtain a judgment or award of attorneys' fees against your friend depends on the circumatances. in general, the law in america is that each party in a civil dispute bears his or her own fees. in other words, in general, the losing party does not pay the attorneys' fees of the prevailing party. this is the so-called "american rule." however, the american rule has exceptions. based on these exceptions,...

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What is conflict of interest

If your ex's lawyer previously represented both you and your ex, then the lawyer may be prohibited from representing your ex now against you. This type of conflict (involving a former client) is addressed in Colo. Rule of Professional Conduct 1.9(a). Rule 1.9 and comments are available on the Colo Bar Assn website: http://www.cobar.org/index.cfm/ID/20472/subID/22380/CETH//. If your ex's lawyer previously represented both you and your ex, the central issue under Rule 1.9 is whether the...