Legal Question in Consumer Law in North Carolina
legal agreement with law firm for representation. Lawyer writes "100% contingent" however, in the agreement there's a clause that states "regardless of whether or not money is recovered orotherwise paid on my claim, I understand and agree that I will pay Miller Law Group PLLC for all costs and expense associated with the handling of my claim within 30 days of the date of biling ..." Attorney says this refers to the billed amount. I don't feel her answers answer my question as to whether or not I'm obligated to pay the fees and costs regardless of whether or not settlement money is received.
1 Answer from Attorneys
It is impossible for any lawyer to accurately interpret a contract or written agreement without reviewing the agreement, so your question is not approrpiate for a free advice forum like this if you want a specific opinion from a lawyer.
Generally, it is not unusual for a contingency fee agreement to require the client pay all costs incurred (postage, copying, expert witness fees, etc) even if there is no settlement or recovery, and it is not unethical to require this. There are often clauses which require client approval of expenses in excess of a stated amount in these kinds of agreements. if you are not satisfied with this language, and the attorney will not reqord the agreement to your satisfaction, go to a different attorney.
If you have already retained this attorney and your matter has been concluded, I suggest you file a dispute with the State Bar Fee Dispute Resolution Program. Call (919) 828-4620 and request the Attorney-Client Assistance Department.
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