If you have a contract with an attorney to resolve a land dispute and payment was made in full as agreed,and now he tell’s you you must pay extra for a mediator and and he will be asking for more money as case goes on.He gave you a set fee for his services and it was paid in full at that time and you have taped recorded proof,and mind you that this case is in the state of Texas,where I have been told that on recording you only need a one party consent. Thanks Jinny
You are in a bind. If, when, you let the attorney know that you have such a recording, then he or she will be less happy to represent you properly. On the other hand, when the attorney demands more fees and payments, and you do not come through or balk at paying these, then the attorney can be less than stellar in representing your best interests. Either way, it is difficult. No matter, it is common practice that either you pay a flat fee or charges as they happen (like by the hour). Either way, if the attorney has outside expenses, those are passed along to the client. This would be true especially for a mediator.
Yes, a verbal contract can be binding…
However, Written ones are MUCH more powerfull.
Sadly he may need to goto court, in order to enforce this binding.
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Yes, verbal/oral contracts can be perfectly binding. The problem with the facts that you gave me are that you said the lawyer told you you need to pay more money for a mediator. The money you pay may actually not go to the attorney, but to the mediator. You should find out. If you have this conversation on tape, though, that should be considered a decent standard of proof.
References :
You are in a bind. If, when, you let the attorney know that you have such a recording, then he or she will be less happy to represent you properly. On the other hand, when the attorney demands more fees and payments, and you do not come through or balk at paying these, then the attorney can be less than stellar in representing your best interests. Either way, it is difficult. No matter, it is common practice that either you pay a flat fee or charges as they happen (like by the hour). Either way, if the attorney has outside expenses, those are passed along to the client. This would be true especially for a mediator.
References :