Do I have to pay my attorney for winning a judgment in court though I never received the money on the judgment?

Question

Fifteen years ago, I retained an attorney to collect college and medical assistance and other expenses for my oldest son that had not been paid for several years by my X-husband.  I won a judgement of about $17000.  I collected it for about 18 months (maybe a bit more).  However, the amount paid to me included part of the fee award for my attorney.  So I collected (example) $100 a week, and I was to forward $25 to the attorney for the amount he won from the judgment. I was also to pay $25 toward the remaining fees that were not covered by the judgment award.  I did forward the $25 from the judgment award to the attorney as instructed, but then I received the whopping bill from my attorney for my portion of the legal fees.  I called to negotiate a reasonable amount that I might afford and was met with anger, insults and demands.  I simply hung up, sent a letter reiterating my desire to negotiate a fee amount and again received a stern letter stating I owed them the full amount.  Consequently, I have been paying this bill for 15 years.  Of course I only had about 1/10th of the awarded judgment amount to me- i.e. still $14,000 outstanding.  Do I have to continue to pay this fee if I didn't get what was won in the judgment? I asked the attorney to go after the money and he refused.  I have contacted the law firm several times making offers and suggestions to settle the open amount but to no avail.  I still owe $4500 and now I am unemployed, I've had cancer and I am experiencing extreme medical expenses. Can I get out of this payment clearly and legally?

Harry Roth · Answer

The only issue is whether the services were rendered and the fees proportionate to the services. Whether you were or were not successful in collecting support does not bear on the worth of the attorney's services. Given you present circumstances, there are two points to consider.

There is not much they can do to you, at least in the short run, if you just stop paying. In order to avoid further liability, you may wish to consider a bankruptcy.

Dave Hawkins · Answer

The only way to get out of a legally valid debt is through Bankruptcy.

Melvin Franke · Answer

I have to see the papers.

George Seide · Answer

Sorry, I don't have enough facts to offer an answer. A complaint to the state bar is one way to potentially get the law firm to settle or give you a break.  There are firms that collect unpaid judgments. You might try to find one on the Internet.

Steven Alpers · Answer

You may be in trouble. You hired a lawyer and presumably agreed to his hourly fees.

That was a contract, if it was in writing he could charge over $1,000. Your payments may be considered to have kept the claim open all these years.

It does not seem fair, but you are obligated to pay. If you fail to pay I would hope that they would not come after you for the additional amounts due to your health and financial problems.

Barbara Peyton · Answer

If you made a contract to pay your attorney, you owe the money even if you haven't collected what you are owed from your ex-husband.  

Under California law, payment to you by your ex-husband cannot legally be a condition that needs to be met before you have to pay your lawyer.

Anthony Roach · Answer

I hate to say it, but you are going to have to meet another attorney and have the retainer agreement that you signed reviewed by the attorney you meet. 

Your written retainer agreement with the old lawyer is going to govern most of the answer to your question.

Leonard A. Kaanta · Answer

Maybe not, it depends on the retainer agreement you signed.

Willie Stephen Graves · Answer

Too much depends on your initial agreement with your lawyer. If he was to be paid on contingency, you should have to pay only if, as and when you collect.

If your agreement was for a flat or pre-determined fee, you're stuck with the bill.

But if you're overwhelmed with medical debt as well, you might consider consulting a bankruptcy lawyer. A bankruptcy could wipe out the unpaid attorney fee as well. Good luck.

John Rivers · Answer

In many cases involving fee disputes, the most economical way to handle the matter is to submit it to a Fee Arbitration Panel. 

If the dispute is with a Georgia attorney, the fee arbitration is governed by Rules set out by the State Bar of Georgia. 

There are specific rules setting out whether or not your case could be arbitrated in this fashion. The State Bar can provide the necessary information.

Robert Merlin · Answer

You owe your former attorney the money, but he may not be able to do anything to collect it from you. 

There is a 5 year statute of limitations on a written contract and a 4 year statute of limitations on an oral contract. 

The bigger question is why aren't you going after your former husband for the money that he owes to you? And, by the way, he owes you interest on the judgment from when it was first awarded to you.

John Brennan · Answer

It sounds as if you owe the bill and the attorney has been will to take it as received.  You can attempt to compromise it, but you are the one asking for the favor and should adopt that demeanor.    You are welcome to call my office with details and for an appointment.

Gregory Crain · Answer

File bankruptcy.

Michael Yeksavich · Answer

It depends upon the contract with the attorney as to whether you owe or not.

Timothy Byrne · Answer

Yes

Leonard Schwartz · Answer

If you agreed to pay whatever bill he charged you owe the money. You only can get out of it if it was contingent on the actual collection of the money. 

But if you do not have assets or money you can't pay it anyway.

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Do I have to pay my attorney for winning a judgment in court though I never received the money on the judgment?

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