Legal Question in Civil Litigation in New Jersey

construction nightmare

After living a major construction nightmare close to 4 years, thousands of $'s on attorney and expert fees our suit was to be filed today. At 3:00 the attorney called and wants another $15,000 retainer or he will not file. He is getting 25% plus a reduced hourly rate. Is this ethical?


Asked on 12/07/06, 12:30 am

2 Answers from Attorneys

Scott Levinson Korybski & Levinson

Re: construction nightmare

This is a difficult question to answer fully without knowing what is contained in the written retainer agreement between you and your attorney. Some agreements call for a retainer that is to be replenished from time to time. Nevertheless, absent any history of problems between you and your attorney regarding payment of fees, costs and expenses, just the tone of your question indicates that this may not be the attorney you want to continue to represent you in a lengthy litigation process. Litigation is an emotional, difficult road and you want an attorney that you feel completely comfortable with and that you can trust will always act in your best interests. Please feel free to contact me should you wish to discuss this further.

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Answered on 12/07/06, 11:02 am
Robert Davies The Davies Law Firm, P.A.

Re: construction nightmare

I have read what the other attorney has written.

If you are this unhappy with your attorney, it would be wise to consider getting a 'second opinion' NOW, before the lawsuit is actually started. If you are close to the time limit to take action (the statute of limitations) then you may not have the time to do that. You must get the lawsuit filed before the time limit runs out. If you need to change attorneys after that, you could.

Go see an attorney who handles construction lawsuits OFTEN, and go see that attorney immediately.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 12/07/06, 11:49 am


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