Legal Question in Credit and Debt Law in New York
Collection of past due legal fees
I am a corporate attorney and have a former client who owes to me a large fee, and owes to the law firm I used to work (the ''Firm'') an additional large fee. I have made several attempts to collect the fee without success, and I am contemplating taking further action. I have recently learned that the Firm has commenced an action against the the client.
Pursuant to my employment arrangement with this firm, I am entitled to receive a percentage of any of the fees collected relating to this client.
1. As I do not litigate ever, I assume that I need to file a complaint in civil court and, assuming process is served correctly, move for summary judgment. Is this correct?
2. Is it advisable to join the firm's action? If so, how do I do this?
3. Do I have standing to commence an action against the Firm to insure that I will be paid a fee from any amounts they are able to collect from the client either by enforcement of a judgment or through settlement--(I have not been ''damaged'' because the Firm has not been paid any fees to date)? If yes, how would I do this?
2 Answers from Attorneys
Re: Collection of past due legal fees
I suggest you retain an attorney familiar with collection matters. Good luck.
Re: Collection of past due legal fees
Dear Reader:
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
I concur with the previous response. Hire someone. You already know about the lawyer who represents himself.
From a strictly legal standpoint, you have not provided enough information about the employment contract or the ongoing relationship between you and it to counsel about detailed strategic matters such as intervening or seeking declaratory jugments. I note you did not mention whether the statute of limitations is a problem.
As far as the legal procedure after suing your deadbeat client, you generally must wait until you get an answer before moving for summary judgment (you may get a default). You did not indicate whether or not this is a New York case.
As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.
Rod Kovel
Attorney at Law
516-312-9900
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
