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Attorney negligence waiver
Anonymous2 views3 answers
Is it possible to put a clause in a retainer agreement that waives my right to sue my attorney if they miss a deadline due to me not replenishing a retainer in time? I want to add this into my retainer agreement with my attorney as a cost control measure to keep a high risk lawsuit from getting out of control with bills.
The simple answer is no. Once an attorney undertakes to represent a person and a attorney/client relationship is formed, he duty to the client continues until he withdraws as counsel or is relieved by the court. In either case, an attorney must follow certain steps to end the attorney client relationship.
Good luck.
Your lawyer correctly said no to this request. There are many ways, though, to keep the legal bill within your control. Among other things, you can use an alternative fee arrangement, such as a "fee collar", recurring fee, flat fee, reduced fee plus success fee, mixed hourly-contingency fees, and many others. You can do an online search for "alternative legal fees" to learn more. If your attorney won't or can't agree to any of these alternatives, you can at least try to negotiate for a fee cap for part or all of the case.
