Legal Question in Civil Litigation in New York

breach of contract

My question is this: If two separate people sign a retainer agreement for legal services to share the cost what happens if one of the parties refuses to pay and backs out. Is the other person totally liable for that person's portion or would the attorney have to sue the defaulting person for his portion of what is owed?

Thank you for any information regarding this.


Asked on 7/06/03, 5:10 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: breach of contract

Both are each responsible for the entire payment unless the agreement says differently. The paying party can then seek reimbursement of the share owed from the defaulting party.

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Answered on 7/06/03, 6:31 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: breach of contract

This is a difficult situation. While you have a moral obligation only for 1/2 of the costs, you have a legal obligation for the whole amount. However, you have a right to be re-imbursed for 1/2 by your friend. You are welcome to a consultation at no fee at my offices at 42 West 44th St, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 7/06/03, 10:10 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: breach of contract

It depends specifically what the agreement says. If each person benefitted wholly from the value legal services, each has an obligation to pay the contract with the right of contribution to go after the defaulting party. If the agreement specifies that the couple is to split the cost of legal services, each person is onl yresponsible for his share of the cost.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/07/03, 11:32 am


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