Four yrs. ago after the end of a custody battle. The atty. claims there is a substantial amount of legal fees unpaid.
I am tired of his reminding me he did not sue me, and his subtle threat over my head. How long did he have to file this suit for the legal fees, against me?
In the context of attorney's fees for services rendered, it is essentially a contract action. It is believed that the statute of limitations for bringing a breach of contract action in LA is 10 years ( I defer to my esteemed colleagues in LA if they determine me to be wrong), which means the attorney has another possible 6 years in which to bring suit against you. However, many States also have requires programs and/or procedures that an attorney has to follow in the event of a fee dispute and which, if not followed, could prevent the attorney from bringing a lawsuit. You may want to check with the court administration to see if LA has such a program and to find out what steps, etc., are involved.
I agree with the prior commenter that this is essentially a breach of contract case (the contract being the retainer agreement between you and your attorney where your attorney agreed to provide representation in exchange for compensation) and therefore the time limit for the attorney to bring the action is governed by the statute of limitations for wherever you reside (or where the retainer was signed). Here in Maryland, for example, the statute of limitations on a breach of contract action is 3 years.
In addition to the fee dispute resolution programs that the previous commenter pointed out that have been implemented by various Bar associations nationwide, you should carefully review the retainer agreement and determine whether there are any mandatory alternative dispute resolution provisions in the agreement. In other words, many retainer agreements REQUIRE that a dispute over fees (if brought by the client), be submitted first to fee dispute resolution. If fee dispute resolution is unsuccessful, a dispute over fees (if brought by the client) is then REQUIRED to be submitted to an arbitrator. However, this is often a one-way street. If the attorney sues to collect unpaid fees, often the attorney retains the discretion in the fee agreement as to whether to pursue the action in court, in arbitration, in mediation, or in fee dispute resolution.
So the moral of the story... consult a Louisiana attorney to determine the statute of limitations for a breach of written contract action. Then review the fee agreement to determine whether there are mandatory out-of-court alternative dispute resolutions which must be employed by you or by the attorney.
