Can my attorney's office raise the mutually agreed cap on my legal fees?

Asked 12 months ago - San Diego, CA

I signed a fee cap agreement for 30 K about a year ago. Now, they want to raise the fee cap to 40 K.
Their reason is that the "case has become more broader" . Is that a genuine excuse?

Attorney answers (3)

  1. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . if you agree they can do that. This is one of the problems with capping off fees.

  2. John David Laurie

    Pro

    Contributor Level 13

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    Lawyers agree

    Answered . I have handled these matters before and really need to know more. You would need to look at the scope of the retainer and see if the work that is being performed is inside or outside what was contracted for. It might be woth your while to consult with another attorney on this limited issue. Are tehy asking for a new agreement?

  3. Michael Raymond Daymude

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . It depends on the exact terms of your retainer agreement and the nature of the "more broader" services, i.e., whether such broader services are covered within the cap. Most free agreements exclude certain services, such as appellate or writ practice. Many also exclude services related to a cross complaint. I agree a paid consultation with second attorney may be worthwhile to explore this single issue. Good luck.

    -- Michael

    Michael R. Daymude, Attorney at Law
    Sherman Oaks Galleria – Comerica Bank Building
    15303 Ventura Boulevard, Suite 900
    Sherman Oaks, CA 91403-3199
    (818) 971-9409
    www.mrdaymude.com

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law.... more

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