My brother contracted a law firm (no retainer required or paid) for the wrongful death of his daughter. He possesses a copy of the contract, which states: 1) should he win in court, the firm receives a percentage of his award, but 2) should he chose not to proceed to trial, he must reimburse the law firm for cost of services rendered to date. The defendant is pressing for settlement due to recent unfavorable revelations. The contracted law firm has recently notified him that if he chooses not to settle, he must reimburse the law firm for services rendered to date & for future services. Is it legal for the contracted firm to take this position given that it opposes the initial contract? What avenues are available to secure justice legally? Settlement is not an option.
Legal malpractice is when an attorney harms a client through unreasonable errors, and harm would not have occurred "but for" the errors.
Professional ethics refers to the codes of conduct that apply to professionals like lawyers and doctors. A breach of ethics may result in disciplinary action.
by Avvo Staff