Legal Question in Legal Malpractice in California

My attorney is representing me on a contingency basis. The retainer agreement states the division is 1/3 for attorney, 2/3 for client, and costs taken off after the division of award. I asked him if he would consider the costs being taken before the 1/3 - 2/3 division, as this means more money for me, of course. He has agreed to this in emails. I asked him if he could change the retainer and we sign it again to reflect this updated distribution of fees and costs. He said it is not necessary to rewrite the retainer agreement as his emails spell out the new distribution and they sufffice. I am concerned when there is an award he will revert to his retainer and tell me the emails were not enough. Do I need a new retainer or is it enough he's emailed me he agrees to the new distribution with cost off the top, rather than after the 1/3 - 2/3 division of the award?


Asked on 9/25/10, 11:35 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The e-mails should suffice. You might send him one last correspondence -- this time by letter -- stating the change in terms of the retainer agreement, and further stating something like "If I do not hear back from you in writing to the contrary by XXX [reasonable date], I will presume that, as we previously discussed by e-mail, you have consented to these new terms." I'm pleased that your attorney was able to accommodate your requested change in terms.

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Answered on 9/30/10, 11:53 am


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