Legal Question in Civil Litigation in New York
Attorney suing for fees without signed retainer
I had power of attorney for my mother. One & one half years before her death I requested an attorney to contest her sister's (my aunt) will as we suspected elder abuse by her caretaker and a cousin. I paid for initial fee to contest. My mother became very ill and taking care of her became more important than persuing the case. I informed the attorney and he withdrew. I never signed the retainer. He later billed me for $10,000 with no itemized backup. By the time he initiated legal action against me, my mother had died. We had a ''conference'' last week and set a date for trial. The attorney claims I authorized him to take depositions which I did not. I have never seen any depositions or an accounting for the $10,000. Can he actually sue me? The probate court denied his claim for fees of $6,000. Now, one year later he is suing in district court for $10,000. Is it possible I could lose this case? I
2 Answers from Attorneys
Re: Attorney suing for fees without signed retainer
Of course its possible... you need to take care of your affairs. Every court document should have a caption and index or docket number. Get the papers from the most recent court to an attorney to review with you.
Re: Attorney suing for fees without signed retainer
You did not state where your attorney is (or for that matter where you are) or where your "conference" occured. If your attorney is a NY attorney, he is subject to the NY rules which could include arbitration as to your claim.
The problem that you have is the cost of defending this could/will be as much as paying this attorney. Nonetheless, if you wish to contact me with more information, I will be available to review this on Tuesday.
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