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View Full Version : Can lawyer I have no contract with bill me?


tiredofthat
Jan 26, 2010, 07:51 AM
I had a consultation with immigration lawyer, which I paid for $100. He didn't have an exact idea of how to help so he said he will contact his friend lawyer to do him a favour and help him out. He also said his representation in my case would cost me about $3000. Before I could sign the contract I wanted to know if he finally knows exactly what is going on in my case(after contacting that lawyer friend of his) and how to handle it. He sent me 1 email, his assistant about 3 and there was 1 phone conversation with the lawyer,maybe 1 also with the assistant. All to assure me he knows what he is doing before I go into the contract. Still confused I received a contract to sign stating it would cost $1500 to request FOIA and fill out I130 on my behalf. When I asked how much the total cost of lawyers representation would be his assistant told me they are not able to tell me at this time( the lawyer said at first consultation he will charge around $3000). At this point I felt like I can not trust these people and took my case a different lawyer.
Now , several months later, I recive a bill for $400 where it is explained I have to pay for every email and phone conversation I had with them, for phone conversation he had with his lawyer friend and for drafting the $1500 contract I mentioned before but have never signed.
I never signed anything or was otherwise advised I will have to pay for anything else. Do I have to pay that bill?

JudyKayTee
Jan 26, 2010, 08:51 AM
Why would the Attorney work for free?

If he goes so far as to sue you he will claim he was retained; you will claim he was not.

The Judge will listen to both sides and make a determination.

tiredofthat
Jan 26, 2010, 09:37 AM
Why would the Attorney work for free?

If he goes so far as to sue you he will claim he was retained; you will claim he was not.

The Judge will listen to both sides and make a determination.

It's about me not being informed at any point I will be charged. He didn't do any work. He's lawyer friend supposedly did something because he was not experienced enough to know what to do himself.
If I was ever informed about how much he charges an hour I would have a choice to not use his services. I was never given any information I could base my decision on.

JudyKayTee
Jan 26, 2010, 10:23 AM
It's about me not being informed at any point I will be charged. He didn't do any work. He's lawyer friend supposedly did something because he was not experienced enough to know what to do himself.
If I was ever informed about how much he charges an hour I would have a choice to not use his services. I was never given any information I could base my desicion on.


But it goes back to the same thing - you know he put time/effort into your matter. He did so expecting to be retained - it's simply footwork, obtaining background info. I don't know how you can say he didn't do any work - he billed you for the work he did.

Do I think you have a defense if he decides to take action against you? Certainly. Do I think his argument is going to be that he thought he was retained (and not all Attorneys use retainer agreements for all matters, although in this case an agreement would have been a very good idea) and, therefore, was investigating on your behalf? Yes.

Perhaps he considered the $100 as downpayment toward a retainer. I don't know.

I think you owe him. I would assume you don't work for free; I would guess he has the same policy.

tiredofthat
Jan 26, 2010, 11:23 AM
But it goes back to the same thing - you know he put time/effort into your matter. He did so expecting to be retained - it's simply footwork, obtaining background info. I don't know how you can say he didn't do any work - he billed you for the work he did.

Do I think you have a defense if he decides to take action against you? Certainly. Do I think his argument is going to be that he thought he was retained (and not all Attorneys use retainer agreements for all matters, although in this case an agreement would have been a very good idea) and, therefore, was investigating on your behalf? Yes.

Perhaps he considered the $100 as downpayment toward a retainer. I don't know.

I think you owe him. I would assume you don't work for free; I would guess he has the same policy.

.
I already figured out what to do in this matter.
Thank you for taking time and giving me your opinion.

JudyKayTee
Jan 26, 2010, 11:48 AM
Please come back and let us know how it works out.

AK lawyer
Jan 26, 2010, 12:40 PM
... Perhaps he considered the $100 as downpayment toward a retainer. I don't know.

I think you owe him. I would assume you don't work for free; I would guess he has the same policy.

Agreed, except I wouldn't call it a retainer. He charged for the initial consult. Additional post-consultation time expended burned up additional time. Simple as that.

JudyKayTee
Jan 26, 2010, 03:24 PM
I didn't say what I would call it. I repeated what the OP said - he called it a retainer, that was his understanding of the arrangement.