My attorney agreed to do my divorce trial for one set price. I paid him, now he is sending me a bill for additional fees. There is no retainer. Can he doe this?
Much depends upon the context of your engagement letter, which is a contract between your attorney and you. If there was no engagement letter, your attorney will have a problem enforcing the bill against you.
Anyone can send a bill to you, the relevant question is can they collect.
I have provided a link to an article on fee arbitration that may be helpful.
Marty Davidoff, [email protected], 732-274-1600. This answer is provided for general information only. You should seek advice from an attorney or tax professional.
When an attorney signs a retainer agreement, it is a contract (for better or worse).The problem with fixed fee retainers is that inevitably, no matter what your reason for entering into them, you will find that the time outstrips the work. There are competitive reasons to engage in such agreement, however, and the method is generally workable so long as the attorney stays true to the contract and the written retainre.One of the reasons that our firm stopped quoting fixed prices wsa thatthe unexpected can happen and 9in my opinion) if it does, you are stuck with your bad bargain (i.e., doing a lot more work than you contemplated). There are reasons why an attorney can with draw from a suit (and it is ethicalkly permitted to do so0 but mhaving made a bad deal and being underpriced for a lot more work than contemplated is not one of them.
It depends on the representation contract. You owe whatever the contract says you owe.
Even when I agree to a flat fee, I make clear in the contract that the client is responsible for the expenses and costs.
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