A lawyer agreed to represent me pro bono, but we have no written agreement. I feel uncomfortable with this, especially when there is the chance that some money could be forthcoming. Should there be some kind of agreement regarding our relationship? Or when an attorney represents a client without charge is it usual to not have any written agreement? If I would feel more comfortable having an agreement how could I present this request?
Yes. There should definitely be an agreement that sets out the terms of the representation, including that it is on a pro bono basis. I would suggest that you contact your attorney and request a formal agreement that you both sign.
Gary S. Sinclair is an attorney licensed to practice in Massachusetts. If you wish to contact me or any other attorney on AVVO, just click on the attorney's name and you will find contact information. All of my answers are based on Massachusetts law or a simple reading of the law in your jurisdiction. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to your question. The information provided should NOT be relied upon for making legal decisions. You will be best served by hiring an attorney in your area who specializes in the field of law pertinent to your question.
International Law Attorney
Yes it's always a good idea to reduce your agreement to writing in case of a later conflict or dispute.
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Elder Law Attorney
I would add that in addition to it being a good idea, it is now a BBO requirement that all relationships be documented with an engagement letter. Let your attorney know that you feel it is important and if he is still reluctant, I would try to see if someone else might be able to assist you.
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Criminal Defense Attorney
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Real Estate Attorney
Yes, there should be an agreement. Recent changes in Massachusetts law require a written fee agreement.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.