Legal Question in Real Estate Law in New York

Roads

I am representing my community of 150 families. Our goal is to stop the town from opening a road in our community. I have met with an attorney. He gave me a price capping his fee for time at 5000.00. I thought that was the total price. He says some expenses like copying fees, processing fees, messenger fees, process server fees and the like are not included in the 5000.00. These fees were never mentioned when he gave his fee. Also included on the contract are two other lawyers in his firm and thier hourly rates. He has started working for us and has appeared before the Town Planning Board for us.

Nothing has been signed but 5000.00 has been giving to him in checks.

Do we have an implied agreement?

Did he mislead me about those extra fees?

Might we have to pay his partners with thier hourly rates since they are on the contract. Nothing was ever mentioned of them.

Can he deposit and cash those checks since nothing was signed? The checks written out in his name and his partner.

We had the people of the community write checks in his firms name. Any money above his cap or his fee, if its below the cap is to be returned to the community. Can we set this arrangement up with him? And how?

Should contract be worded flat rate?


Asked on 4/25/06, 2:16 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Roads

It appears that the $5000.00 was a retainer as against the hourly rates.The attorney is entitled to be paid but you are by statute entitled to a written retainer in this matter as you have described it.

The other things that you list as "fees" are expenses that clients are obligated to pay.

Write to him, ask him for the written retainer and the bills generated to date.

Good Luck

RRG

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Answered on 4/25/06, 9:02 pm


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