Legal Question in Legal Ethics in Utah

If a law firm has entered into a contingency agreement (large deposit and the rest contingency fee) to settle an estate are they committed to at least doing the very minimal until the estate is settled or can they now decide that it is not worth their effort and abandon the client? (even though they stated they would see this through). It seems we might no longer have an attorney because they feel the case is more work than anticipated, yet if it had been less work we could not have demanded a lower contingency fee? So now with our deposit gone to this firm how could we start again with a new attorney? Is this really allowed?


Asked on 5/31/10, 7:21 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Without knowing the specific terms of the retainer agreement only a general answer is possible. The firm is responsible for the scope of work agreed to in the retainer agreement. If the firm does not complete the work, then the firm is liable for their default. This means that the firm could be sued for the cost you incurred to complete the estate work. The firm is responsible to complete the work even if the firm underbid the amount of work.

Send a letter demanding that the firm complete the work and request that they send a letter committing to do so. If the firm does not do so, you may have to get another attorney, but you may also have the right to sue the firm for its default.

You may call for a free consultation.

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Answered on 6/01/10, 7:45 am


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