Fee Settlement Question

[scottsweet]

What is the name of your state (only U.S. law)? CA

I completed my divorce proceedings. I owed my attorney some money. I asked for a reduction in the fee and he asked me to send him an agreement on what I could afford. In the agreement, I told him what I thought was a fair and final agreement along with the payment schedule I could do. He never responded.

I began making payments based on the agreement and have not missed any payments.

Since I began making the payments and I never received a response from my attorney, does that constitute an agreement from him of my offer?

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

I completed my divorce proceedings. I owed my attorney some money. I asked for a reduction in the fee and he asked me to send him an agreement on what I could afford. In the agreement, I told him what I thought was a fair and final agreement along with the payment schedule I could do. He never responded.

I began making payments based on the agreement and have not missed any payments.

Since I began making the payments and I never received a response from my attorney, does that constitute an agreement from him of my offer?

It does not constitute a formal, enforceable agreement. It may however mean that your attorney will not come after you for any balance remaining after you pay what you agreed to pay.

 

[Ohiogal]

It does not constitute a formal, enforceable agreement. It may however mean that your attorney will not come after you for any balance remaining after you pay what you agreed to pay.

I wouldn't count on it. She owes what the engagement and fee agreement she originally signed says she owes. And he can enforce that. The attorney apparently doesn't agree with OP's terms and why should the attorney?