My lawyer dumped my case after nearly three years. We were at the final Motion for Summary Judgment when he decided not to proceed. I had to hire a lawyer to finish ONE MOTION! It cost me $7,500, plus 33 1/3% of the Settlement, if I survived the Motion. I survived the Motion & settled for not nearly what my case was worth. Did the first Lawyer breach our retainer?
2007-06-19 10:53:09 · 7 answers · asked by Shari Santore 1 in Politics & Government ➔ Law & Ethics
He withdrew because he "feared losing the Motion for SJ".
2007-06-19 11:02:07 · update #1
The attorney put in an OSC to withdraw, stating "Irrecon. differences". The difference was I wanted him to finish the case he started, and he wanted me to start an entirely different case.
2007-06-19 11:07:28 · update #2
First Retainer was 40%. The attorney who took over charged a flat fee of $7,500 for "reading my file", and 33.3% of any Settlement.
2007-06-19 11:15:17 · update #3
Maybe, maybe not. Depends a lot on why he withdrew. If he withdrew because you had breached your commitments you are liable to him.
If he did breach you remidy would be the difference between what he contracted and what you paid the new atty.
E.g. if the first retainter deal was 33 1/3 % and the second was 33 1/3 + 7,500 AND it was a breach you should be able to get him to pay the 7,500.
Then to revise, if the 7,500 +33 1/3 is less than or equal to 40% you don't have a claim. Keep in mind he is getting zip for all his work.
2007-06-19 11:02:39 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It depends on the terms of the retainer - what specif clause do you think was breached - I would say I doubt your attorney breached bc they generally know the law and they prepare good retainer agreements.
Try filing a complaint with your the state bar -they will at least look into it for you. If they find that she did not live up to the agreement, then go after her civilly.
2007-06-19 11:02:42 · answer #2 · answered by the_hilton 4 · 0⤊ 0⤋
i'm uncertain how the contract could get up in court docket yet i could call for to work out the dogs and meet the hot vendors. in the event that they are taking desirable care of the dogs and giving it a stable domicile then in my view i could pass away it on my own yet whilst not i could get some criminal advice. i'm happy to pay attention there are nonetheless some responsible breeders available that still care approximately their puppies interior the long-term!
2016-10-18 01:51:15 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Whether or not he has court permission is irrelevant. Even if you both agreed that he should quit he'd still need it.
Whether or not he violated your retainer agreement depends on the actual contents of your retainer agreement. You need to read it carefully.
2007-06-19 11:02:27 · answer #4 · answered by Atavacron 5 · 1⤊ 0⤋
I do not think so, If the court gave the permission i suggest not trying it, these are lawyers, and not to be mean, they do alot of things to Win
2007-06-19 10:56:03 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Insufficient facts. WHY did he withdraw??
2007-06-19 10:56:47 · answer #6 · answered by TedEx 7 · 1⤊ 0⤋
yes
2007-06-19 10:55:34 · answer #7 · answered by q6656303 6 · 0⤊ 1⤋