Legal Question in Credit and Debt Law in New York

Retainer fee from large company not being paid
I run a small video production
company. 2 and a half years ago, I
was hired by a big firm under a
retainer agreement, a verbal
agreement where I was paid a set
monthly fee. After doing the work
and sending out all monthly invoices
through the end of May, on May 30
I got an email from somebody at the
company who said the retainer was
not budgeted for this year so the
retainer invoices will not be paid in
full, and instead they would send me
a sum based on what they thought
fair value of the work I did for the
year was, which they have decided is
roughly one third of what the
retainer agreement would have
given me. What are my options?

Asked on 7/02/07, 5:15 pm

3 Answers from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

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Re: Retainer fee from large company not being paid

The issue is whether or not a valid contract was formed between you and the firm who hired you, and, if so, what the precise terms of such contract were. Ideally, you always want a written agreement memorializing all the pertinent terms. Since the agreement was verbal, it sometimes is difficult from an evidentiary standpoint to prove the foregoing. Of course, you may or may not have established those terms by prior custom and practice, given the fact you have presumably discharged your obligations under the alleged agreement. You always have the option of bringing forth a lawsuit in a court of competent jurisdiction to recover monies due and owing or , in the alternative, negotiating a reasonable settlement. Insofar as the specific cause(s) of action you may or may not have, you would need to contact my office direct for a free intitial consult.

Answered on 7/02/07, 10:03 pm

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