Legal Question in Business Law in California

Just hired an new attorney for business litigation. He sent me over retainer, I tried to negotiate a bit. He said no to everything so I quickly agreed so I wouldn't lose her.

I overnighted over the retainer agreement and a check and gave her tracking number. I asked a couple times for her to sign the retainer, so I can know for sure I'm represented because a hearing is coming up soon. She answers other questions

but won't address why she hasn't signed the agreement yet. Any ideas why she won't yet and should I be worried?

She won't answer my request for her to


Asked on 11/04/14, 6:40 pm

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

If I had to guess, I would say that she does not want anything that might attach her to the litigation until she knows that funds are in place to pay her for her time.

Once a lawyer attaches to any litigation it often happens that they are then required to show up at court conferences, hearings, etc. even if the client has not paid them. While non-payment is a valid reason to ask to be removed as counsel, this does not always happen easily and case depending the lawyer could get stuck for some time. So while you sent the agreement and check, I suspect she is waiting for that check to arrive, be deposited and then clear in her account before any work commences.

All the said, what is more common is to condition representation upon the receipt of funds. That is, even though the agreement is signed by both counsel and client the representation would not begin according to those terms until the retainer deposit clears in the lawyers trust account.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 11/05/14, 5:31 am


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