QUESTION

Verbal fee agreement for divorce representation, I signed an agreement with my attorney agreeing to standard hourly rates, she agreed to reduce fees

Asked on Sep 19th, 2012 on Contracts - Illinois
More details to this question:
if my financial situation did not improve. Quarterly billings were provided, we discussed on a few occasions the verbal agreement but never settled on a dollar amount. The written agreement states "these hourly rates will remain in effect through Dec 31, 2009." Agreement was signed June 2009, however work did not commence until 2010. Does the written agreement expire on Dec 31, 2009? I was told if my financial situation did not improve, i would get a discount from the standard fees, if the written contract is irrelevant because of expiration, how will the fees be determined in court?
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1 ANSWER

Estate Planning Attorney serving Batavia, IL at Drendel & Jansons Law Group
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First of all, if you are not satisfied with the attorney you have retained, you should find another attorney. The attorney/client relationship is a trust relationship. If you do not have confidence in or trust your attorney, it is time for a change. Beyond that, I get the impression from what you have written above that there is a signed agreement as well as some verbal promises or statements. The fact that you never settled on a dollar amount leaves some big loose ends. Many attorneys, in spite of the common perception, are very sensitive to their clients' financial situations. The standard measure of fees is the hourly rate, especially in litigation like divorce, but attorneys will often discount the fees up front or after the fact based on their clients' situations. Many if not most attorneys really do want to help their clients. They cannot work for free of course. A law school education is expensive, and everyone would be an attorney if it were easy. I encourage you to talk with your attorney again. Also, talk with other people about your attorney (if you have not already done so) and find out what the attorney's reputation is. Ultimately, you need to be able to trust the attorney you have chosen. The bottom is: if you do not trust your attorney, you should move on. If you do trust your attorney, then stay the course and remind him/her of the verbal promises when the time comes. I cannot really comment on the legal services agreement yo signed because I have not read it. You might take it to another attorney and get an opinion on what it means. This answer is not intended to create an attorney/client relationship and is not intended as legal advice. It is only this author's opinion. You should consult with an attorney you trust for specific legal advice for your situation.
Answered on Oct 03rd, 2012 at 9:44 AM

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