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Attorney Fee - Who pays?

Asked over 3 years ago - San Diego, CA

Ethics

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.

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Attorney answers (2)

Renee E. Moeller

Reputation Level 8

Answered about 3 years ago. Ethics / Professional Responsibility Lawyer in Houston, TX.

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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.

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Jonathan H Levy

Reputation Level 19

Answered over 2 years ago. International Law Attorney in Washington, DC.

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I'd say the attorney has a conflict. The attorney can sue your father-in-law but not you. If he is so foolish to do so, I would suggest requesting fee arbitration from the state bar. The attorney's only other remedy would be to file motion to withdraw as counsel if he doesn't like the situation.

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