me and my wife are divorcing I hired a lawyer to represent me he charges by contract not by the hour I signed this contract however I fired him becouse me and my wife reached an agreement ”marital settlement” and are now going to a mediator. even though my lawyer never went to court he only met with me about 3 times at his office I gave him an initial check for 3,500.00 now he wants me to pay him the rest, 4,000,00 couse he charges 7,500.00 he said eather I pay him the rest or he will sue me for that, becouse it’s in the contract but the Divorce never went to court and he never did any paper work on the case exept the document he filled out to contest it bur I paid him 800.00 separate for the 20 minutes he spent doing that. I even ended up taking that document myself to court to have it filed. anybody out there with the knowledge to advice me on this scary matter? I don’t want to face this guy in court his a lawyer I am just a hard worker help!!!
Even through lawyers have client’s sign retainer agreements that are "fixed fee" the state bar code of ethics requires that attorney’s charge only "reasonable fees" for services rendered. That is to say.. that even though you may have a set/fixed fee agreement the fees must be reasonable. This should also be codified in you states Business and Professions Code.
You should demand a full accounting from your attorney for services rendered. Further you should contact the state bar and local bar association and file complaints for failure to return unearned attorney fees.
Demand that your attorney fees be returned by your ex-attorney and inform him/her that you intend to file a complaint with the state bar. (this demand should be made in writing – with you keeping a copy)
report him to the Board of Bar Overseers. tagger
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You may need to consult another attorney, but read the fine print of your contract. If there is no mention that a balance is owed for services not rendered you might have a case. He may try and scare you to giving him the money. Seek a second opinion.
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Call his bluff in small claims court
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you can probly hire another attonery and try to work this settlment .and then maybe get rid of this one .or u can talk to your judge .open a case with the another attonery and have the judge decide . good luck
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There’s probably a clause somewhere in the contract that states that you owe the full amount should you terminate his services. A lawyer is going to know a contract inside and out, and you better believe he’s going to have all his bases covered.
I hate seeing a honest person get taken to the cleaners by a friggen lawyer, but I doubt you’re going to have any other choice.
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First of all.. I’d closely read the contract and see if it says you must pay him no matter what. If so, you might be in trouble. If not, I’d contact the Bar Association and get some advice. If he sues you… you sue him right back including the pain and emotional distress as well as the costs to hire the best lawyer in town. Good luck!
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Even through lawyers have client’s sign retainer agreements that are "fixed fee" the state bar code of ethics requires that attorney’s charge only "reasonable fees" for services rendered. That is to say.. that even though you may have a set/fixed fee agreement the fees must be reasonable. This should also be codified in you states Business and Professions Code.
You should demand a full accounting from your attorney for services rendered. Further you should contact the state bar and local bar association and file complaints for failure to return unearned attorney fees.
Demand that your attorney fees be returned by your ex-attorney and inform him/her that you intend to file a complaint with the state bar. (this demand should be made in writing – with you keeping a copy)
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attorney
Have you read the contract that you signed when you hired him?
The answer to your question should be in there.
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I hope this helps, I can only imagine what you are going through. Lawyers know their contracts and I’m sure somewhere in the contract he probably has dibs on your unborn children too. Reread your contract very thoroughly. See what it says about terminating early, or exactly what services he was going to provide and if you didn’t need something, etc. Now, contact the Bar Association. They have lawyers who do pro bono work and reduced fee work. They all do so many hours a year and can help you. Here is a web site that you may also find some answers. Good Luck!
http://research.lawyers.com/Lawyers-and-Clients-Responsibilities-to-Each-Other.html
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Going to court is only PART of representing you. MOST of the job is NOT done in court. You ADMIT he met with you 3 times. I am certain he did SOME work on the case between the meetings. Based on the information YOU provided, he is billing you for work he DID.
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