A creditor can sue you regardless of whether you are paying if you do not have a settlement agreement or a payment plan that you and the creditor has signed. So, if you have not signed the settlement agreement, you cannot force the attorney to comply with an agreement that you have not signed.
Incidentally, the amount of attorney's fees should be no more than is reasonable and necessary under the circumstances. The Texas Ethics Rules contain the provisions which set out the parameters for determining the amount of reasonable and necessary fees. You can review the Ethics Rules at the following web address:
Texas Ethics Rules
The Dallas Bar Association has a fee dispute resolution process. Perhaps, you can use that procedure to resolve your dispute. You can review that process at the following web address:
Dallas Bar Association - Fee Disputes
You may be in a situation where good negotiating can save you a lot of money. One defense is the "I don't have any money" defense. If you are judgment proof, that means that a creditor, even one with a judgment, cannot seize any of your assets. You can review my legal guide on what assets you can protect from creditors at the following web address:
Incidentally, whether or not your attorney's fees are reasonable depend a lot on whether the attorney performed good quality services. If the attorney made a lot of mistakes or a single important mistake, the attorney may not have earned the fees. A lot of attorneys are reluctant to sue their clients for fees because doing so sometimes invites a counterclaim for malpractice or a grievance with the Texas State Bar. You can review the grievance procedures at the following web address:
State Bar of Texas grievance process web site:
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My malpractice insurance carrier advises me never to sue a client for fees, because the response is frequently a suit by the client for malpractice. It sounds like your attorney is being abusive and he probably deserves a lawsuit in return.
Was there anything about the way he handled the suit that you didn't like or felt was not proper? Did he overcharge you? If so, you should consult a lawyer who specializes in malpractice suits against other lawyers, to learn your rights. Many lawyers will give a free consultation if it may lead to a lawsuit. Then consider suing your lawyer.
DISCLAIMERâ€”This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.comAsk a similar question
I agree with the previous attorneys. They've given sound advice.
Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.Ask a similar question