CAN A NON-ATTORNEY SIGN THE RETAINER AGREEMENT ON BEHALF OF THE ATTORNEY?
3 attorney answers
If the contract is between you and the attorney for legal work, then the attorney must sign the retainer agreement. If the retainer agreement lists one person on the retainer and someone other than an attorney signed the agreement but is not an attorney then the retainer agreement is not valid.
Contact me directly at 480-263-1699 for a free (1 Hour) consultation. I have law offices conveniently located in Mesa, Glendale, and Tucson, Arizona. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information. http://www.bankruptcy-az.com
One ambiguity in your post is whether the lawyer that you retained is a member of a law firm. If so, and subject to any limitations in the agreement itself, the firm has the right to assign tasks to other members of the firm, including representation of you in court.
So, if you have retained a law firm, the agreement can be signed by any member of the firm. But it must be signed by an attorney, and if the person who signed is not an attorney, I would be concerned.
As for the "binding" nature of the agreement, that is a tricky term. For one thing, you always have the right to fire your lawyer (or law firm) as a matter of public policy, at any time and for any reason, or no reason at all.
So the real question is: what do you want to do? If you want "out" of the agreement, you can have it regardless of the authority of the person who signed. If you want to stay with this lawyer or firm, you should ask about the person who signed the agreement, whether he/she is an attorney, and inquire as to who will be representing you.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.
thank you for your answer. is there any law code that states this? i want to confront them, but want to make sure i address them accordingly. i did confirm the person is part of the firm but is not an attorney, he signed all the documents where the attorney's name should have been
There are volumes of law on these points. What I have stated is not novel or obscure, and your attorneys are charged with knowing the rules governing their own practices. You don't need any legal authority. Just talk to them.
If you want an agreement with the lawyer, do as Mr. Fox suggests and have them prepare another retainer agreement which you both sign and incorporates the previous agreement. Is this the attorney you want to represent you? If it is, work it out with them. It could be a simple instance of the person overdelegated assignments to their staff (not that I'm condoning the practice). You may find that the lawyer is embarrassed about the mistake. Of course, I don't know this lawyer or what transpired. I wouldn't assume the worst.
Sponsored Listings
Have you already signed the agreement? If so, who did it list as the attorney(s) that was going to represent you? You have a right to ask the attorney or law firm about your concern and if it doesn't give you an adequate answer you may want to reconsider having it represent you.
Circular 230 Disclaimer: To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Attorney-Client Relationship Disclaimer: This email does not create an attorney-client relationship between sender and any receiver.
Sponsored Listings
Can’t find what you’re looking for?
Post a free question on our public forum.
Ask a Question- or -
Search for lawyers by reviews and ratings.
Find a Lawyer
thank you for your answer. is there any law code that states this? i want to confront them, but want to make sure i address them accordingly. i did confirm the person is part of the firm but is not an attorney, he signed all the documents where the attorney's name should have been