fee agreement question

[mikeep]

What is the name of your state? pennsylvania

On my fee agreement it reads "..... shall receive as compensation for services rendered for their attendance at the Hearing..."

The hearing was postponed, canceled actually because my lawyer and theirs settled. Now, I had nothing to do with the settlement.

Can I seek reimbursement of some of my fee since there was no hearing and it clearly reads "for their attendance at the Hearing"?

[JETX]

Originally Posted by mikeep

Can I seek reimbursement of some of my fee since there was no hearing and it clearly reads "for their attendance at the Hearing"?

You can seek reimbursement for anything you want.

[mikeep]

Thanks, I meant can I go to small claims court to get the money back. I'm thinking of asking for all of it back since I don't know how to parse it and because he settled without my consent and didn't do much work frankly. It was a lot of money--$7500.

[JETX]

Originally Posted by mikeep

Thanks, I meant can I go to small claims court to get the money back. I'm thinking of asking for all of it back since I don't know how to parse it and because he settled without my consent and didn't do much work frankly. It was a lot of money--$7500.

The small claims limit in PA is $10k, so your claim is within that limit. So, yes, you could pursue your claim in that court. However, since your opponent is an attorney, you should look for him to motion it out of that court and into a higher, more formal one. And if he does that, you will be at a HUGE disadvantage without your own attorney. Simply, you will be playing in HIS home court, with his rules, and with him (presumably) about a 1000 times more experienced on the legal processes than you.

But by all means, go ahead and file. Should be an interesting 'ride'.

[mikeep]

Thanks jetx, this guy is unbelievably haughty, arrogant, supercilious... plus bold, decisive, confident, which is why I wanted him to interrogate the person I filed against.

I certainly wouldn't want to face him in a court beyond the small claims. But it gnaws at me that he got that amount of money and doing practically nothing for it. I even made the initial filing and only retained him afterwards.

Another reason is that initially he said it would be $3500 but when I made the app't, his wife met with me and said it would be $7500, and he later agreed with her.

The settlement was reached yesterday and he didn't have the decency to call me. I expect to get a letter from him. I found out about the settlement from a pdf file attached to an email from the judge.

I think you're right. If he goes to a higher court --- and wins, he could turn around and sue me for something. He's not a small time lawyer and recently won a multi-million dollar lawsuit against a big clothing mfg.

I'd better just move on.

Thanks very much.

[weenor]

Originally Posted by mikeep

Thanks jetx, this guy is unbelievably haughty, arrogant, supercilious... plus bold, decisive, confident, which is why I wanted him to interrogate the person I filed against.

I certainly wouldn't want to face him in a court beyond the small claims. But it gnaws at me that he got that amount of money and doing practically nothing for it. I even made the initial filing and only retained him afterwards.

Another reason is that initially he said it would be $3500 but when I made the app't, his wife met with me and said it would be $7500, and he later agreed with her.

The settlement was reached yesterday and he didn't have the decency to call me. I expect to get a letter from him. I found out about the settlement from a pdf file attached to an email from the judge.

I think you're right. If he goes to a higher court --- and wins, he could turn around and sue me for something. He's not a small time lawyer and recently won a multi-million dollar lawsuit against a big clothing mfg.

I'd better just move on.

Thanks very much.

If you paid him a retainer, under the rules of ethics he is required to account for the money spent and give you an accounting with any unused funds to be returned to you. Ask him for an accounting (a bill) to show what he billed for time and expenses. Most lawyers are creative enough to spend the retainer, but I would at least ask.

[mikeep]

There was no retainer per se, just the Fee Agreement.

Had he/we known what I just found out after he settled I not only would have won at the hearing I would have gotten my attorney fee refunded plus damages.

But, I plan to call him Monday and have him get back to me to discuss it. I'd rather this not be a hostile thing with him. Maybe he'll try to get my fee back through the judge/board rather than me doing it. That was left open after the settlement, stated the judge in her ruling. That is, I/we could appeal to have the attorney fee refunded since their side conceded everything else.

[JETX]

Originally Posted by mikeep

The settlement was reached yesterday and he didn't have the decency to call me. I expect to get a letter from him. I found out about the settlement from a pdf file attached to an email from the judge.

I think you are confused.... and are misunderstanding the agreement forwarded to/by the court as if it were a final order.
Unless you gave him a Power of Attorney to settle for you... any settlement agreement will REQUIRE your signature.

I strongly suggest you TALK with your attorney to find out the full facts... before you blow your top and screw things up.

[mikeep]

Well, an attorney from the office finally got back to me, not the bigwig. She said the other side caved in so to speak, withdrew everything as if nothing occurred to warrant the hearing in the first place, therefore even if they had the new information there would be no case since the original punishment and my record were expunged. Fine I said, but I'm still out $7500. She said my only recourse was to submit an appeal for the money.

I called back and left a message: Since there wasn't going to be a hearing, why shouldn't I get a refund of some of the money since the fee agreement was for his attendance at the hearing?

I don't expect anything, but I may seek restitution through small claims if I don't get any satisfaction after submitting my appeal.

[mikeep]

Well, I was wrong. I spoke with the big man and told me he would refund the balance..