QUESTION

What can I do if my attorney is pushing me to pick up my files and won’t pay $6000.00 that he owes me?

Asked on Nov 09th, 2013 on Personal Injury - Oregon
More details to this question:
I lost my summary judgment on a slip and fall case in Washington county Oregon. So my retainer should be returned. He wants me to pick up my files right away but would not discuss my retainer. Should I pick up my files?
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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As you are describing your case as a "slip and fall" case, I am assuming that you have a contingency fee attorney-client retainer agreement with your attorney. If there is no written agreement, you should probably call the Oregon State Bar as written agreements with very specific disclosures are required in such cases. If, on the other hand, you have an hourly fee attorney-client retainer agreement, that written document should set forth the terms and conditions under which your initial retainer is applied to the attorney's hourly fee for work actually performed. In this case you should be getting statement from the attorney detailing exactly how the $6,000 retainer was applied to the work performed. Again, if there is no written retainer agreement you really need to contact the state bar. If there is a written fee agreement but you are unhappy about how the lawyer is not giving you the right information, the state bar has a fee arbitration service you can contact through the state bar's website.
Answered on Nov 15th, 2013 at 1:07 PM

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