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2nd Retainer Legal???

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suzahughes

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? TX
I received a phone call last night from my attorney insisting on an additional $3,000.00 paid NOW, to continue my case.

We were scheduled for Final Nov. 9 but ex's attorney has filed some "Strike" motion to be heard/submitted??? Oct 24. Last week I received an additional accounting of fees for $75.00 from my attorney, but no copy of the paperwork, filing mentioned. She told me last night that unless I come up with an additional $3,000.00 she can't continue to represent me. She has "padded" her charges to eat up all but a little over $200.00. of the original $2,500 I'd given her in August. She has yet to argue anything in court. (one charge was for 30 minutes talking to a process server for the doctor's subpoena, which I did not agree to doing, another was for 1 1/2 hrs phone conversation with Ex's attorney) I had previously told her that Ex's position is non negotiable, that the judge will have to decide. (we had been to mediation before I hired attorney) I know not to talk on the phone to her (haven't spoken to her since we were at court back in August) so since she couldn't get me there she came up with extraneous stuff to eat up the money, such as 45 minute charge to read my e-mail that took me 2 minutes to read. Anyway I did sign a contract, it no doubt has in it that she can dump me. I had been pro se until August. My ex's attorney has continually filed for delays etc.. This modification case (divorce in 1989) involves our adult disabled son. The Texas Attorney General's assistant attorney is involved as well. As they represent "the state" and under the judge's recommendation, I finally borrowed the initial $2,500.00. and now this. Wonder why people have so a low opinion of attorneys. ????? I know first hand!

My question, can I force her to continue representing me if I make monthly payments instead of the $3,000 up front. (AGAIN!)

See message I just sent to her and copied/pasted below.

Subject: Legal payment
Date 10/14/2005 10:49 A.M. Central Standard Time
From (taken out for privacy)
To: (taken out for privacy)
" I agree to make monthly payments for continued legal representation in my current defense against Mr. (privacy)'s modification. I agree to this arrangement to minimize the possible adverse effect on my rights and the possibility of prejudice. I have been very honest in disclosing my financial situation, and expected that you would and continue to be diligent and frugal in representing my cause.

As we discussed in our first meeting, the burden of proof is on Mr. (Privacy). My expectation was that you would exercise the prudent activities/arguments to compel Mr. "(privacy) to deliver his evidence that the material facts had changed and that you would argue my position in court.

You have already received the $2,500.00 retainer, there is a little over $200 still on balance and our agreement was that you would charge $200/hr. I simply don't have the $3,000.00 that you are now demanding. I did not instruct you to spend time on getting the medical subpoena, that is Mr. Hensley's responsibility. I did not ask you to spend 1 1/2 hrs discussing anything with Mr. Hensley's attorney. What I wanted, and expected and verbalized was that I needed you to represent me in court. I was fully ready to go to trial back in August but you persuaded me to agree to a postponement in order to file a counter suit. Considering the financial demands now being made, that action simply was not in my best interest. I have been informed that :

"Texas Rule 3.02 Minimizing the Burdens and Delays of Litigation

In the course of litigation, a lawyer shall not take a position that unreasonably increases the costs or other burdens of the case or that unreasonably delays for resolution of the matter."

As such, and in the interest of negotiating fairly your fee dispute, I will pay $100.00/mo until your fee is zeroed. My past experience with attorneys, I did the same. I do not owe any money to any of my ohter attorneys. (I had specified names in my note) I trust that you are competent in this Family Law case and that you will abide by the Canons of Ethics of the State Bar of Texas."
 


seniorjudge

Senior Member
Q: My question, can I force her to continue representing me if I make monthly payments instead of the $3,000 up front.

A: No, you cannot force her to represent you. If you think she has done something unethical, then file a complaint with the state bar.
 

suzahughes

Junior Member
TX
I don't believe that another non refundable retainer is justified. I looked up the following and believe that she would be in violation of Tx Bar Legal EThics. I sent her an email saying that I would pay $1500 now, and another $500 in Nov before the final hearing Nov 9 paying the remainder at $100/mo. I own property so in the event that I didn't pay, she has recourse. (I always pay my bills) Perhaps having only 3 years experience has her so demanding.

See below:
(C) Permissive withdrawal.
If DR 2-110(B) is not applicable, a lawyer may not request permission to withdraw in matters pending before a tribunal, and may not withdraw in other matters, unless such request or such withdrawal is because:

(1) The lawyer's client:
(a) Insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law.

(b) Personally seeks to pursue an illegal course of conduct.

(c) Insists that the lawyer pursue a course of conduct that is illegal or that is prohibited under the Disciplinary Rules.

(d) By other conduct renders it unreasonably difficult for the lawyer to carry out his or her employment effectively.

(e) Insists, in a matter not pending before a tribunal, that the lawyer engage in conduct that is contrary to the judgment and advice of the lawyer but not prohibited under the Disciplinary Rules.

(f) Deliberately disregards an agreement or obligation to the lawyer as to expenses or fees.

(2) The lawyer's continued employment is likely to result in a violation of a Disciplinary Rule.

(3) The lawyer's inability to work with cocounsel indicates that the best interests of the client likely will be served by withdrawal.


EC 2-23. A lawyer should be zealous in his or her efforts to avoid controversies over fees with clients and should attempt to resolve amicably any differences on the subject. The lawyer should not sue a client for a fee unless necessary to prevent fraud or gross imposition by the client

EC 2-25. Historically, the need for legal services of those unable to pay reasonable fees has been met in part by lawyers who donated their services or accepted court appointments on behalf of such individuals. The basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. Every lawyer, regardless of professional prominence or professional workload, should find time to participate in serving the disadvantaged. The rendition of free legal services to those unable to pay reasonable fees continues to be an obligation of each lawyer, but the efforts of individual lawyers are often not enough to meet the need. Thus it has been necessary for the profession to institute additional programs to provide legal services. Accordingly, legal aid offices, lawyer referral services, and other related programs have been developed, and others will be developed, by the profession. Every lawyer should support all proper efforts to meet this need for legal services

EC 2-32. A decision by a lawyer to withdraw should be made only on the basis of compelling circumstances, and in a matter pending before a tribunal, he or she must comply with the rules of the tribunal regarding withdrawal. A lawyer should not withdraw without considering carefully and endeavoring to minimize the possible adverse effect on the rights of his or her client and the possibility of prejudice to the client as a result of the withdrawal. Even when a lawyer justifiably withdraws, the lawyer should protect the welfare of his or her client by giving due notice of withdrawal, suggesting employment of other counsel, delivering to the client all papers and property to which the client is entitled, cooperating with counsel subsequently employed, and otherwise endeavoring to minimize the possibility of harm. Further, a lawyer should refund to the client any compensation not earned during the employment.
 

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