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Per Diem Attorney


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2 hours ago, Kazzanova said:

Can an attorney hire a per diem attorney to represent him for not coming to court without notifying me. This is for NYC

@usctrojanalum is from your state. Hopefully, he’ll chime in.  In the meantime, you can contact some attorneys and ask.  Some attorneys will answer a question or two over the phone. 

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At least in my county, I've noticed that lawyers for creditors and debt buyers will hire local attorneys to represent them for limited appearances all the time - even on the day they are supposed to show in court.  In the cases I've looked through, the Defendants don't receive notice. 

Is this what you were asking?

ETA - This information is only for Indiana.  I'm not sure if it applies to NYC.  I'm sorry.

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6 minutes ago, aurora3140 said:

At least in my county, I've noticed that lawyers for creditors and debt buyers will hire local attorneys to represent them for limited appearances all the time - even on the day they are supposed to show in court.  In the cases I've looked through, the Defendants don't receive notice. 

Is this what you were asking?

Correct but question which might raise a red flag is in nyc you have to be licensed. In NYS in Buffalo you have to be bonded.

 

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19 minutes ago, aurora3140 said:

I'm sorry, Kazzanova.  Hopefully, some NYC members can chime in with more information.

Thank you for responding to the OP’s question even though you’re not from his state.  Sometimes it helps to know the rules in other states because it provides some guidance and information that one can use to do some research.  

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You're welcome, BV80!  That's very sweet of you to say.

Even though, I've never posted before today, I don't know where I'd be without this forum and all of the wonderful members who lend their knowledge and expertise.   I wanted to start participating whenever I can so that I can help give back.

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  • 2 weeks later...
Guest usctrojanalum

Hi there, sorry for being late to this party.  First two weeks of law school have been hectic!

So, If I am understanding you, you hired an attorney, and the attorney hired a per diem in lieu of appearing at a court date himself.  

This is a common practice among attorneys who are litigators. Sophisticated corporate clients know that this will generally happen a lot, especially in non high stakes litigation.

Best practice when dealing with a consumer client would be to have it in the retainer agreement. The attorneys I have worked for in the past have included language in the retainer that says something along the lines of "client understands that I run a busy litigation practice and may have multiple court dates in multiple courts on the same date. client approves my office hiring a per diem attorney to appear on your behalf if the need arises"  

If the attorney does not have it in the retainer agreement, I am aware of no rule or ethics opinion where it is not allowed.  

 

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