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Attorney Fee - Who pays?
San Diego, CA
Viewed 417 times.
Posted about 1 year ago in Ethics / Professional Responsibility
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I have a signed letter of engagement that stated my Father-In-law will be paying for all my attorney fees. He has already made an initial payment.
The case is now settled. I am currently now getting divorced and he refuses to pay the balance but wants me to pay the balance out of the remaing settlement. The attorney (who is his corporate lawyer) says now my father-in-law and myself need to resolve the payment issue within 30 days or the attorney wil sue us for the balance owed to the firm. The settle money is currently held in their firms trust account. With an initial letter of engagement stating that they accepted the case with my father-in-law paying the attorney fee, Can the attorneys office really hold me responsible when they took on the case knowing full well that my father-in-law was going to be paying the bill. Thank You. Answers (2)
Renee E. Moeller
This attorney is licensed in Texas.
Posted about 1 year ago.
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Since we do not practice in California, you need to contact an attorney in California. An important question is what the engagement letter stated: did it state that you Father-in-law would pay for your attorney''s fees for your divorce or was it for something else? The Model ABA rules state that even if a third-party pays for a client's fees, the third party is not THE CLIENT. As THEe CLIENT you do need to straighten this out.
Additionally, there appears now to be a conflict of interest now because the attorney is your Father-in-Law's corporate attorney and you may need an attorney to sue your father-in-law . Places you can contact would be your State Bar Association, any local Bar Association, and any Lawyer Referral Service in your area. Of the State Bar Association or Local Bar Association, you may be advised to file a grievance; they may have a Client Assistance Program or even a Fee Dispute Program for mediation or arbitration. 
Jonathan H Levy
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