My attorney led me to believe that the retainer would cover the complete cost of my case. Now he is requesting more money for "filing charges", that he said he "failed to mention before hand". Should I pay the money or quit while I'm only $1,500 deep?
1. A retaineris never "the complete cost of the case". It's an estimate. When your case gets more complicated more money is needed. For example if you went to the doctor and your doctor said that the checkup would cost this much and that was what he estimated at the time and you need open-heart surgery, would you be expected to only pay for the checkup fee?
2. Your attorney-client agreement may have had you pay costs separately. Filing fees are costs. Attorneys pay that directly to the court so they don't make a profit on that.
3. You have a right to fire your attorney or go forward. We cannot advise you one way or another on how to handle your case. But your attorney will be paid for the work he has done and it may exceed $1500.
Please take a look at any Retention Agreement or Letter of Understanding and see if it says anything that answers your question. Any such written agreement controls your relationship with your attorney and a court would enforce it's terms.
If there is no such writing, or it doesn't speak to the issue you raise, then talk it over with your attorney and if you are not satisfied, interview other counsel to see if they will handle the matter to your economic satisfaction.
It is not unethical for your attorney to ask you to pay the costs of the litigation (ie: filing fees, service fees, deposition fees, court fees, etc.) and it is not unusual that such costs are over and above any hourly rate. That is unless you and your attorney signed a different understanding/agreement at the outset.
You may always ask the Michigan State Bar to look into the conduct of your attorney if you believe it to be unethical or violate any of the Michigan Rules of Professional Conduct (you can look the Rules up @ michbar.org).
Good luck.
I'm agreeing with prior advice. Any agreement you have signed? Please look it over.
1. Typically fees and costs are not part of the retainer agreement. For example, it's $150 to open a divorce case. Attorney sees none of that, it goes straight to the circuit court.
2. Ask your attorney what the retainer was meant to cover, in terms of hourly work.The retainer is, as stated before, an estimate of what the attorney's services could be. Occasionally it costs more, occasionally less. Make it clear to him that your impression was that the retainer was sufficient.
3. As your attorney for an invoice, or accounting of how he spent the time on your case. Hours spent multiplied by hourly rate equals attorney's fees.
4. Your agreement with your attorney also probably includes a paragraph of "withdraw." You are free to fire your attorney at any time, and the attorney also has a right to withdraw. However, if you decide to retain a new attorney, that will take time, and the new attorney will need to get up to speed on your case. This will use part of the fee you pay your new attorney. Try to resolve this issue with your attorney before you decide to hire new counsel.
Ronald T MurphyMedical Malpractice AttorneyNew Britain, CT ·
You ask if you should pay more money to the attorney for filing fees or quit while only out $1,500?
Well that is difficult to answer based on the limited information you have provided. But here are some general questions to get you started on the analysis:
How good is your claim? What type of claim is it? If you get a judgment, would it be collectable? How much more would you be required to pay in attorney's fees or file expenses? Is your claim about money only or are there other reasons you are making the claim? How will you feel if you abandon the claim? How will you feel if you pursue the claim but end up losing?
These are only some of questions you need to discuss with your current lawyer. But it also seems that you have lost some confidence or trust in your lawyer so the first thing you need to do is have a candid conversation with your lawyer about your concerns to see if you can get back on track with this lawyer.
As others have mentioned, what does your fee agreement with the lawyer say about attorney's fees and expenses? (Note: I don't know what jurisdiction you are in, but most states require a lawyer to have a written fee agreement with a client (especially a new client for the lawyer.) That should be the starting point for analyzing your "money" concerns about whether to proceed with your claim.