Legal Question in Civil Litigation in Washington
Can my attorney charge me for???
The attorney who was helping pro bono a little bit now handed me a FEe agreement that says he wants $6000 down (retainer) and $2590 and hour as well as 40% of gross recovery.He called it a BLENDED fee and COMMON. I feel pinned as I am supposed to know in 24 hours what to do. I have a hearing in Court Monday so feel pressed to act.
1 Answer from Attorneys
Re: Can my attorney charge me for???
I think this question is better suited under a category that deals with legal ethics, but for what it's worth, I'll at least try to point you in the right direction. If your attorney took your case pro bono, with some exceptions, they can withdraw anytime they wish or refuse to continue pro bono.
If the attorney sprung this on you with a few days to go, you have to decide what to do. If you want to try to find another attorney who will take it pro bono, you should inform your current attorney and ask that person to contact the opposing attorney to request a continuance so that you can obtain new counsel. If possible, you may also consider paying your attorney a fee to handle this upcoming hearing on Monday and then find someone new.
Beyond that, your attorney's proposal for fees may or may not be reasonable. There is a test for this, which looks to several factors to make such a determination. For example, the attorney's years of experience, what other lawyers with similar experience in the same geographic area are paid for the same type of work, the extent to which your attorney had to forego other clients to handle your case, the difficulty or novelty of your case, etc.
I would say that you ought to talk with your lawyer and if you cannot work something out that is financially workable for you, then you really have no choice but to seek new counsel and then I'd say see what I wrote above to determine what to do about your upcoming hearing on Monday.