Fixed Fee For In Pennsylvania
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In Pennsylvania, probate is the legal process through which a deceased person's estate is settled, ensuring that assets are distributed to the appropriate heirs. While probate can be complex and time-consuming, it is possible to navigate the process without legal representation.
Rule 1.7 - Conflict of Interest: Current Clients (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.
(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
Rule 1.9 of the Pennsylvania Rules of Professional Conduct codifies the lawyer's common law duty to avoid conflict of interest. Under the common law, an attorney owes a fiduciary duty to his client. This fiduciary duty demands individual loyalty and prohibits the attorney from engaging in conflicts of interest.
The responsibility for identifying an account as a Trust Account shall be that of the lawyer in whose name the account is held. Whenever a lawyer holds Rule 1.15 Funds, the lawyer must maintain at least two accounts: one in which those funds are held and another in which the lawyer's own funds may be held.
There are certain statutes that allow for the recovery of attorney's fees by the prevailing party in particular cases. Some of these statutes in Pennsylvania include the Unfair Trade Practices and Consumer Protection Law, the Trademark Act, and the Uniform Trade Secrets Act.
In Pennsylvania courts, lower-income parties who cannot afford the costs and fees associated with a lawsuit1 or appeal2 may petition to proceed without payment by requesting in forma pauperis (“IFP”) status to waive those costs. 3 This can arise in ordinary civil cases, family law proceedings, and even criminal cases.
To have your fees waived, you must file a Petition to Proceed in Forma Pauperis. A sample petition from the state court system, which you can use in any Court of Common Pleas, is available here. Some Courts of Common Pleas also have county-specific petitions available on their websites.
The so-called “American Rule,” which is also the Pennsylvania rule, is that in the absence of a statutory, or contractual provision to the contrary, each party to a lawsuit pays his own legal fees.
