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Can my attorney request money up front when we have a signed contingency agreement

I was awarded a Judgment approx.$100,000. I also have a court order for the city sheriff to execute sale on the debtors home to recover the Judgment. My attorney wants me to lay out $7700 for advertisment costs in order to begin the execution sale. Can the Ctiy sheriff charge this much to execute sale on real property?? My attorney and I have an contractual agreement the the case would be taken on a contingecy basis. Is it ethical for my attorney ask me for money up front even though we have an contingency fee arrangement??

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Attorney answers (1)

Reputation Level 15
Usually yes, though it depends on the language of the agreement. Just last week a NY court refused to allow an attroney to get off of a case because the client would not pay the costs of the litigation. The court held this way because the agreement said the client would be responsible to "reimburse" any costs as aooposed to "advance." It was fonrt page news on the New York Law Journal because 99% of the time, it is the other way around. When a lawyer takes a contingency case the lawyer only agrees to advance the costs of the litigation with an understanding that the client remains ultimately responsible. (This language was not in the earlier agreement I discussed and thats why the lawyer lost out). That means the lawyer can ask the client for the costs up front or the lawyer can pay them in advance on behalf of the client AT THE LAWYERS CHOOSING. You will have to loook at the language in you retainer agreement and then decide whether you want to fight this out with the lawyer who apparently got you a good result.
DISCLAIMER- THIS CAN NOT AND DOES NOT TAKE THE PLACE OF LEGAL ADVICE> IT IS FOR INFORMATION PURPOSES ONLY. IT DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. YOU SHOULD CONSULT A QUALIFIED LOCAL PRACTITIONER IN YOUR AREA FOR LEGAL ADVICE.

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