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s.corbin · Mar 29, 2012, 07:01 PM

Can a lawyer ask you to pay more money while he is actively representing you in your case?

AK lawyer · Mar 29, 2012, 07:10 PM

What sort of a fee arrangement do you have with him? Per hour or a set fee for the case? Do you have a written contract?

Did you pay him a retainer? A retainer is often simply an advance against the hourly fees. If the time he has spent multiplied by the hourly rate is exceeding the retainer, he has every right to ask for more.

ScottGem · Mar 29, 2012, 07:28 PM

I agree it depends on the arrangement you made with him as to whether you need to pay more. However, asking for more in court is gauche.

s.corbin · Mar 29, 2012, 07:32 PM

There is no signed agreement but I do have texts showing were he agreed to represent the individual for a set fee of $1500. He made contact with the individual one time in jail for 5 minutes and did not see the client again until 45 days later on the day of court. There was no additional contact made between the client and lawyer.

Fr_Chuck · Mar 29, 2012, 08:36 PM

So if you are not the individual, you were not there when they made the agreement, and the individual may have misunderstood. Normally a small fee like 1500 is only for the basic work, filing papers, motions, and would not cover representing someone for anything other than perhaps a traffic ticket. Fees of 5000 or more is common and normal for appearing in court cases.

AK lawyer · Mar 30, 2012, 05:12 AM

Originally Posted by ScottGem

... However, asking for more in court is gauche.

I don't understand the question as suggesting they were literally in court. In any event, an attorney is not allowed to just drop everything and walk out. He is required to file a written motion for leave to withdraw, and the judge has to approve it, after giving the client time to file a written objection.

Originally Posted by s.corbin

... did not see the client again until 45 days later on the day of court. ...

But it seems that OP did mean, literally, in court. Gauche is not necessarily impermissible, it's just bad manners. But, as I say, walking out during a trial or other proceeding probably is.

Originally Posted by Fr_Chuck

So if you are not the individual, you were not there when they made the agreement, and the individual may have misunderstood. Normally a small fee like 1500 is only for the basic work, filing papers, motions, and would not cover representing someone for anything other than perhaps a traffic ticket. Fees of 5000 or more is common and normal for appearing in court cases.

Filing papers, investigating the case, preparing for trial, etc. is more difficult and time-consuming than merely being in the courtroom. Actually the fee is for the responsibility of doing all of those things. At any rate, the amount the attorney charged is neither here nor there. If he made is bed, he should be forced to sleep in it. He had no right to drop the client in the middle of the trial. He should be sanctioned.

But, on the other hand, and as Fr_Chuck says, we don't know what, of anything, they agreed to. That's one reason many states require lawyer-client fee contracts to be in writing. The contract should also cover the scope of the representation: further hearings, appeals, etc. It could be, for all we know, that the attorney said "I will represent you if you pay me $5,000, $1,500 now and $3,500 at the beginning of the hearing. If you don't have the rest of the money then, I won't represent you."

JudyKayTee · Mar 30, 2012, 10:01 AM

In my work experience I've seen Attorneys quote a fee for a first appearance. The client for whatever reason thinks this means until the matter is settled.

It doesn't. It means first appearance.

In my area few Attorneys will walk into the Courthouse for $1,500 - but I don't know what type of case this is.

DWI's? Fees off the charts.

AK lawyer · Mar 31, 2012, 08:32 AM

Originally Posted by JudyKayTee

In my work experience I've seen Attorneys quote a fee for a first appearance. The client for whatever reason thinks this means until the matter is settled.

It doesn't. It means first appearance. ...

Exactly why the fee agreement should be in writing. OP has a good case that, no matter what the lawyer intended, or whatever the usual practice is in the area, the attorney agreed to accept $1,500 for the entire case. Stupid thing to do, but there are a lot of stupid lawyers out there.

In any event, a judge is very unlikely to let the attorney walk out of the courtroom without concluding the trial or hearing.