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

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?

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Attorney answers 3


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


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?


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

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