Legal Question in Family Law in New Jersey

Attorney Fees

I had a free consultation w/an attorney on a child support matter. He sent me a retainer agreement which stated ''I will begin work on your case, once a retainer fee of $3,000 is received''. I signed and returned this agreement but did not send in the fee of $3,000, as I had become ill and went on temp disability. Now, this attorney is charging me $700.00 for work performed. I made a payment of $150.00 as I cannot take any additional time off of work to fight this billing. I asked him to send me the work he completed but he refuses to do so. He said he will send me the work once I have paid him in full. Am I obligated to continue to pay him, when I do not know what it is I am paying for? Thank you for any assistance you can provide.


Asked on 11/24/07, 10:27 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Attorney Fees

Once you signed the Retainer Agreement, you became obligated to pay the fees consistent with that Agreement. The payment of the $3,000 retainer does not trigger his right to be paid, the signing of the Agreement does.

For example, suppose you made an agreement, to cut someone's grass for $25 and asked for $10 prior to cutting it. When you got there to cut the grass, he tells you that he has no money, but he'll go to the bank to get it. So you cut the grass while he's gone. He gets back and tells you there was not enough money in the bank to pay you. Sorry. Do you think you are not then entitled to the $25?

The point is that if the man did the work, he is entitled to be paid. It does not appear that he is asking for the entire $3,000. He's only asking for the $700 for the work he did. Seems reasonable to me.

Keep in mind that this information is given based on the scanty facts that you have provided. And no one can rely on advice from an attorney who has not been retained. In order to be able to rely upon any advice, you need to meet with and retain an attorney, who will be able to give you advice after a full and comprehensive interview. Good Luck! Rob Gleaner

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Answered on 11/25/07, 9:49 am


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