Legal Question in DUI Law in Massachusetts

Will I still need to pay the entire flat fee

My atty representing me in a Mass. OUI case asked for full payment up front. I have worked tirelessly over the last four weeks to get the funds and ended up having to ask my mother to get a home equity loan...which I will be paying back with loans from family and friends. I told him he'd have the $$ within 7-10 days of my trial date this week. I don't believe much, if any, preparation has been done on his end. Given the short prep time now at hand, as well as having to go through the humiliating experience of calling everyone I know for loans, I've decided to get another attorney, one who specializes in OUI (current attorney is generqal practice). I expect current atty to bill me for any services rendered until this point, though there hasn't been much done. Can he still demand full payment of the entire flat fee? Thanks


Asked on 12/04/06, 12:27 pm

2 Answers from Attorneys

Re: Will I still need to pay the entire flat fee

You may be hard pressed to find counsel who will accept a case the week of trial and who will not require payment up front. As for whether your existing attorney's fee will have to be paid, that will depend on your retainer agreement and the work done. Best of luck.

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Answered on 12/04/06, 12:35 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Will I still need to pay the entire flat fee

I agree.

However, the new attorney can speak to the DA, and place the case back on the pre-trial track.

As for the money. Even for a flat fee, the attorney is only entitled to keep the reasonable cost of the time and expenses. I think the attorney would be hard pressed to keep the entire amount, even assuming a flat fee retainer agreement.

If you have any questions, please contact me.

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Answered on 12/04/06, 12:40 pm


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