QUESTION
Can a legal malpractice attorney represents you without written contract at trial?
Asked on Nov 17th, 2012 on Personal Injury - New York
More details to this question:
At civil trial, my attorneys tried to represent me without a written contract from me, and deducted award moneys from me without any payment agreement discussed. Is this conduct legal?
12 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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A legal malpractice attorney can represent you at trial without a written contract. A written agreement is not required for an attorney to represent someone. However, an attorney cannot collect a "contingency fee" without a written contract with you.
Answered on Dec 07th, 2012 at 12:12 AM
Ronald A. Steinberg
Strictly speaking, probably not. However, you certainly did not expect the lawyer to represent you for free, did you? You could not have done it yourself, could you? As long as the percentage taken by the lawyer is within the guidelines for the State, I would not complain.
Answered on Nov 22nd, 2012 at 6:53 PM
I don't believe under the new rules of ethics it's proper. You needed a written agreement. Report it to the Iowa Bar Association.
Answered on Nov 21st, 2012 at 4:24 AM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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For any legal work that is going to take over $1,000 to complete, the attorney is supposed to get a signed fee agreement from the client, spelling out what the charges are going to be for fees and costs. Without a written agreement, the attorney would probably be able to argue that he was entitled to a reasonable fee, if you were to contest what he charged you, but he wouldn't look his best making the argument if he didn't follow the law and get a written agreement first. If you think you are not being charged properly, talk with the attorney. You should be able to get a straight answer from him and be able to work out a fair price for the services. You are entitled to have any fee dispute arbitrated by the fee arbitration committee of the bar association in the county where you live, or where the case is pending. Just contact the bar association if that is what you want to do.
Answered on Nov 20th, 2012 at 2:05 PM
Technically, an attorney is supposed to have a written fee agreement confirming the representation. You can look at the web site for the California Bar - calbar.org and it will explain about attorney client agreements. My question is how did your case get all the way to trial without the written fee agreement being raised by you? Were you present at trial? Was there some oral agreement your attorney would work and try the case for free? This is a little confusing.
Answered on Nov 20th, 2012 at 1:46 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The better practice is to have a written agreement, but contracts can be oral as well as written. If they got you money, why wouldn't you pay?
Answered on Nov 20th, 2012 at 1:41 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It is probably unethical. Attorney ethics rules require that contingency fee agreements be in writing.
Answered on Nov 20th, 2012 at 12:28 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No. If an attorney is representing you on a contingent fee agreement, it has to be in writing to be enforceable (and ethical, as well).
Answered on Nov 20th, 2012 at 11:36 AM
Thomas Edward Gates
You have no contract, since for attorneys they must be in writing. If you cannot get the attorney to give back your funds, contact the State Bar.
Answered on Nov 20th, 2012 at 11:33 AM
Automobile Attorney serving Lincoln Park, MI
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Law Offices of Bret A. Schnitzer, P.C.
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Quantum merit allows an attorney to charge for the fair value of their services without a written contract.
Answered on Nov 20th, 2012 at 11:30 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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What is going on here? you trying to take advantage of your lawyer. you make him work a trial then try to cheat him out of his fee? Don't understand your situation. Your contract with a lawyer does not have to be in writing, and if you ask him to represent you at trial and he does, he earns his fees. It does not have to be in writing.
Answered on Nov 20th, 2012 at 11:28 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It's legal, but puzzling: why would you have someone represent you at trial, if that was not your intention? Why would they represent you if they did not have your consent? They are supposed to have a written contract (retainer) in order for the fees to be enforceable, but a court may award them reasonable fees on an equitable basis.
Answered on Nov 20th, 2012 at 11:23 AM