Legal Question in Civil Rights Law in Illinois

billing, loss of trust with attorney

My wife has a case presently in court. On return to Illinois for depositions our attorney spoke breifly about the case then went on for 3 days about needing fee advance acting as though he were a collection agency.

The fee advance was already paid at that time and I demanded an invoice. Since that time I had to literaly yell to get all invoicing. I have spent $16,000 and have yet to reach summary judgement and all conversations with this attorney are Money, the case seems 2nd priority.

At this time we feel my wife's case is being endangered and that charges are inflated.

What options are available?


Asked on 9/05/04, 12:02 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: billing, loss of trust with attorney

First, you need to re-read your attorney client agreement. It doesn't sound like this is a contingency fee case, so yes, your attorney has the right to demand payment for services in advance,--if that is what you've agreed to do. If you don't have things in writing, then the first thing you do is GET them in writing to cover the entire representation.

Second, once a case is filed, neither you nor your attorney has control. "Are we there yet?" questions means that hasn't been explained to you. Bottom line: he doesn't KNOW, and he can't TELL you when the case will end.

Third, as part of your agreement, ask for regular written status reports. You'll have to pay for them, but at least you'll know where the case is.

Finally, you might have trouble getting another attorney to pick this case up, but if there is a good breaking point, at least get a second opinion from an experienced attorney about where your case is and where he thinks it will go based on his experience before the judge and on similar issues.

Good luck!

Read more
Answered on 9/05/04, 12:57 pm


Related Questions & Answers

More Civil Rights Law questions and answers in Illinois