Legal Question in Real Estate Law in Florida

Two people, both husband and wife, made up 4 people in a cross claim...they are plaintiff crossclaim. Along the way one set of husband and wife decided they didn't want to continue. The other people did. There was a contract signed for a per hour fee with an attorney. This dropping out for no good reason put one husband and wife now having to pay the entire attorney fee. Can this be? Can the drop outs be made to pay the cross plaintiffs who stayed in the lawsuit? Or continue to pay 1/2 of attorney fees until suit settled? Or anything?


Asked on 1/10/10, 12:13 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

First, I wonder if all four of you signed the same retainer agreement. In my office, I would have each couple (husband and wife) sign a separate retainer agreement, and in each agreement, the parties would waive any potential conflict of interest in my representation of them.

Second, it depends on what the retainer agreement says. It surely cannot obligate any of the clients to continue the representation, as that would violate the Rules regulating lawyers (you must be able to fire your attorney at any time). Likewise, it cannot obligate any client to continue to pay for services when they have terminated the representation and it cannot obligate any client to see the case through completion (judgment or settlement).

That is all from the perspective of an attorney as to whether your co-crossclaim plaintiffs must continue to pay the attorney, and I conclude they do not. However, if you have a separate agreement with the other party co-crossclaim plaintiffs that they will pay for half of the legal expenses through judgement or settlement, it is possible that you could recover half the attorneys fees which you pay to the attorney from the other party. That would be a separate lawsuit against them for breach of contract.

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Answered on 1/15/10, 1:21 pm
Lesly Longa Longa Law P.A.

You will have to pay the fee you agreed to. If you have any questions about the fee you should direct them to your attorney and review your retainer agreement. If you would like to dispute the legal fee, you may contact the Florida Bar, but I suggest you speak with your attorney first.

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Answered on 1/16/10, 9:11 am


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