Attorney Breach of Contract?

[kilnmwitkindnes]

What is the name of your state? VA

We hired an attorney for our 'structural defects' case on our home. Signed a payment agreement stipulating that we would pay $250 per month for our case. Went through years of arbitration, to no avail, which we were told would happen. Our attorney stated they would pursue the case against the warranty company, the county where we live, and the builder. Unfortunately, it was too late to file against the builder. We are now at the point of taking it to trial but our attorney said they wanted $15,000 up front before they would take it to trial, and then another $15,000 to $20,000 later on in the case (amounts way beyond our means), even though we signed a payment agreement of $250 per month and then told us they will not persue the case against the county now. (We can prove negligence on the county's part). Side Note: This attorney is currently being considered for and has numerous supporters for judgeship in the county which we live in. Is this a case of malfeasance? What can we do? Since they have breached our payment agreement, would we be legally wrong in stopping payments to them? Thank you for any suggestions, advice, etc.
~kilnmwitkindnes

 

[HomeGuru]

What is the name of your state? VA

We hired an attorney for our 'structural defects' case on our home. Signed a payment agreement stipulating that we would pay $250 per month for our case. Went through years of arbitration, to no avail, which we were told would happen. Our attorney stated they would pursue the case against the warranty company, the county where we live, and the builder. Unfortunately, it was too late to file against the builder. We are now at the point of taking it to trial but our attorney said they wanted $15,000 up front before they would take it to trial, and then another $15,000 to $20,000 later on in the case (amounts way beyond our means), even though we signed a payment agreement of $250 per month and then told us they will not persue the case against the county now. (We can prove negligence on the county's part). Side Note: This attorney is currently being considered for and has numerous supporters for judgeship in the county which we live in. Is this a case of malfeasance? What can we do? Since they have breached our payment agreement, would we be legally wrong in stopping payments to them? Thank you for any suggestions, advice, etc.
~kilnmwitkindnes

**A: I am of the opinion that you do not understand the terms and conditions of the retainer agreement. The monthly fee was to pay for work on the case most likely to settle. Once the case goes to arbitration and/or litigation, there is no way an attorney would settle for $250/month unless the case was taken on a contingency basis.
The $250/month does not even cover hard costs.

 

[kilnmwitkindnes]

Yes, we understand the retainer agreement. That was an entirely separate contract we signed with them. When we had our initial consultation, we explained our financial status and then they had a separate agreement drawn up for the payment of their firm's services for our case. There were no stipulations in the payment agreement nor the retainer agreement that money due them would change because "the firm could no longer 'carry' us", nor "until this case goes to trial". It was a simple and straightforward agreement because they wanted our case; the foundation engineers and the structural engineer (close friend to our attorney), both told them that our case was a 'No Brainer', with the potential for a handsome return. It was also discussed in our initial visit that the $250 would be for the length of our case, arbitrations, trial, appeals, etc., but only referred to as 'our case' in the agreements. And do you not find it 'odd' that in the beginning (4 years ago) that our attorney filed papers against the county we live in to sue the county (which we have been charged for) and now reneges on that and is currently being considered for the bench in the very county where we live? We never even knew that they were serving as a substitute judge, until recently. They agreed to represent us AGAINST the county, now they are WITH the county and will not pursue that avenue. Suspicious if you know the politics in VA My question: Malfeasance or not? What can be done if it is?

 

[HomeGuru]

Yes, we understand the retainer agreement. That was an entirely separate contract we signed with them. When we had our initial consultation, we explained our financial status and then they had a separate agreement drawn up for the payment of their firm's services for our case. There were no stipulations in the payment agreement nor the retainer agreement that money due them would change because "the firm could no longer 'carry' us", nor "until this case goes to trial". It was a simple and straightforward agreement because they wanted our case; the foundation engineers and the structural engineer (close friend to our attorney), both told them that our case was a 'No Brainer', with the potential for a handsome return. It was also discussed in our initial visit that the $250 would be for the length of our case, arbitrations, trial, appeals, etc., but only referred to as 'our case' in the agreements. And do you not find it 'odd' that in the beginning (4 years ago) that our attorney filed papers against the county we live in to sue the county (which we have been charged for) and now reneges on that and is currently being considered for the bench in the very county where we live? We never even knew that they were serving as a substitute judge, until recently. They agreed to represent us AGAINST the county, now they are WITH the county and will not pursue that avenue. Suspicious if you know the politics in VA My question: Malfeasance or not? What can be done if it is?

**A: if you have support documentation proving that this attorney engaged in unfair and unethical practices, send a certified rrr letter of complaint to the Supreme Court.