Legal Question in Legal Malpractice in Michigan

Re: What makes a contract or fee agreement binding?

It depends upon the intent of the two parties. It doesn't matter if the attorney signs, if he acts as if it's binding. The effective date, of course, in that case would be open to argument, but it would probably be marked from the date of first overt action upon the contract at the latest.

On the other hand, if an attorney wants to hold a client to the contract, the client MUST actually sign, if the relationship is governed by contract. No attorney in her right mind will act upon a contract the client didn't sign, if that's a condition of getting paid. We all learn this, and we usually learn it the hard way.

A contract can be proved both by the document itself and the actions of the parties. A contract is usually construed AGAINST the person who wrote it and the person who objectively has the most clout, which is nearly always the attorney. So, if an attorney doesn't sign a client contract, that doesn't end the story.

Re: What makes a contract or fee agreement binding?

It probably is valid. However, what are the circumstances that cause you concern? You can always switch attorneys so that can't be the problem? What is going on? Bill Stern