My lawyer is harrassing for money??????

Question

About a month ago I lost a court case and now will owe court costs and maybe even attorneys fees.

My lawyer took this case on contingency and after we had lost, he asked if I would "donate" some money for his costs which understandibly is probably close to $10k. I said I would because I felt bad and because he still has to represent me over the court costs and attorneys fees. So I just said it so he would fight harder for me.

Now he's sending email saying how come I haven't "donated" and that he could still bill me for work on litigating over the court costs.

If I don't "donate" any money he may not try hard and lose on purpose? What should I do????????

Ron,

Yes, we lost the case. But my lawyer filed a motion because the defense lawyer is requesting over $10k in court costs and he feels it should be under $5k. And he'll also have to challenge if they file a motion for attorneys fees in the future.

This is why I said yes to the donation because I didn't want him to stop trying.

Answer 1

He took it on contingency and lost. He gambled and lost. I'd report him to the state bar...... This "donation" stuff sounds like a shake down to me.

Answer 2

Seems that your lawyer didn't do well in his contracts class. He can't hold you liable for payment on services that were already rendered, if the "agreement" to pay came after the services were rendered. You'd be paying for what you already received, and thus getting nothing in addition in exchange for your payment.

In any case, when an attorney works on a contingency basis, they are assuming the risks of having to pay for the case and not getting anything in return. I certainly hope you have a written agreement from when you first took him on as your attorney (If you don't, that's another violation on his part). You should report him to your state bar. If he doesn't try hard to win regarding the court and attorney fees, that should also be reported.

Answer 3

He represented you on contingency, and probably because he expected a good chunk of money from the settlement or verdict, and that didn't happen.

You got his time and expenses for free.

He tried to renegotiate the deal after the case was lost.

You agreed, but want to renegotiate that now.

You recognize you need help fighting the second issue of how much you might have to pay the other side for their costs of the suit, and that your lawyer won't get paid for that, either.

He wants his money, and apparently doesn't trust you to pay him.

You don't want to pay, and wonder if you can trust him to fight for you in that case.

You two idiots were made for each other.

You're who W. C. Fields was referring to when he said "You can't cheat an honest man."

Answer 4

Sounds like you had a verbal contract with him which doesn't require you do give him a penny. A donation is something that goes to a cause without getting any gain from it. A bill is something that you have to pay in which services were rendered from some company or individual. If he called it a donation then your not liable to pay him. What a stupid lawyer. Save his emails. They will serve you well in court when he tries to sue you. Your not liable for a penny. Lawyers lie for a living. Stick to your guns and don't pay him.

Answer 5

That is why you always have "attest" letter stipulating the costs upfront! Everything should be clearly defined in writing before any work is ever done.

In hind-sight, if it was "verbal", you may be a "verbal" contract. However, being that it was a contingency, your lawyer may be S.O.L.! The implied contractualy terms of a legal contingency case reside principally on the outcome of the case. Since he lost, he may not have any recourse. Contact the State Bar if he tries to pressure you into paying.

Next time, get it in writing!

Answer 6

You should live up to your commitments. You said you would "donate" some to him. Work out an exact amount, and a payment plan.

If the original deal was that he got paid only if you won, and it was a significant amount that you would win, then he had good incentive to win regardless. But since he proposed a change to that agreement, and you accepted, in my layman's opinion, you have a verbal contract between you, and you should fulfill your part of it. Whether it was a fair deal or not is beside the point.

Answer 7

If you have it in writing that he gets no fee unless you win your case, then you owe him nothing. Donating money to a lawyer is something I never heard of before. Do you have 10 grand to give him? If not, ask him how to get blood from a stone. Save the emails and send them to your state attorney general. I bet he'll put a stop to that crap toot sweet.

Answer 8

If their divorce is very final in 3 to 6 weeks, is there something interior the settlement or proposed decree that should enable her to ask for alimony? If he had an lawyer for the divorce, ask the lawyer. If he would not understand what would be interior the decree, get an lawyer.

Answer 9

What does your retainer contract with the lawyer say about costs? What does it say about changes to the contract? I'd be surprised if the contract said it could be changed by oral agreement. Usually the contract says if it is changed, the change has to be in writing and signed by both.

Answer 10

Pay up! - What else? How would you like it if you went to work and then your boss told you they weren't going to pay you?

You're the reason why lawyers dont want to take on contingency work any more - because they get shafted! Now most attorneys ask for a retainer up front - thanks - loser!