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A lawyer was hired on a basic retainer agreement. Then made us loose the case due to negligence. When it came to appeal he tried to change the contract outrageously. We did not sign that new retainer. Are we bound by that new contract? Do we have to pay for that appeal work based on the new contract the old contract or none?
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The retainer agreement is the agreement by which the lawyer gets paid. If you don't agree, don't pay the lawyer and you will go to fee arbitration. Don't confuse this with malpractice, the issue at fee arbitration isn't whether or not the lawyer did a good job but whether the hours billed were actually worked by the lawyer. Without a signed agreement, it will be difficult for the lawyer to get paid.
Answered on Nov 28th, 2015 at 6:17 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship