Legal Question in Legal Ethics in California
When is your retainer terminated?
My brother got into some trouble in the summer of 2003. He is over the age of 18, but was unable to afford legal services on his own. I went to a criminal lawyer to make sure that while he was awaiting trial, he was not sitting in jail. I was told it would cost $1000.00 to complete this task that I had laid out. I paid them $1000.00 that day.
My brother did not go to jail and when his trial started, he decided to use the same attorney. My brother did not pay the bill and now is on the hook for $5800.00 in legal fees. His trial was over in the summer of 2004. It is now Oct 2006 and I received notice that I have 30 days to pay his $5800.00 fee for services or I will be sued and have a judgment placed against me.
I talked to the representative, they said in preparation to take him to court they discovered I signed the original retainer and now say that I am legally responsible for all the fees incurred. So I guess I have multiple questions
1. When does a retainer end?
2. Should I have been notified that additional fees were being charged?
3. Shouldn�t I have been consulted if this was to continue under my initial retainer?
4. What can I research on the web to help me in Small Claims Court?
1 Answer from Attorneys
Re: When is your retainer terminated?
Usually a retainer agreement limits the representation to a specified type of service. For instance, I might limit my agreement to "negotiation of settlement of wage claim." I also specify that any other representation would have to have a new -written- agreement. If your brother, himself, went to the attorney's office after the matter for which you retained the attorney had concluded, I would argue that he is responsible for the fees and not you. (I'm also surprised that the criminal attorney didn't take the money up front, since that's what they usually do, knowing that many defendants no longer have means to pay once they're incarcerated.) Also, since he only demanded and you paid $1,000, it's obvious that the attorney's services would be limited.
I would dispute the bill, as well. Send a certified letter to the collector and the attorney disputing the charges and ask for an accounting. Keep a copy.
Also, review the retainer agreement. If I may be of further assistance, please let me know.
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