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Letter of Engagement-needed?

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RogerRabbit

Junior Member
DE
Hello, this is my first post so go easy on me. Back in 10/04 I contacted a law firm concerning research of a State Code. All corrospondence was done via email and phone. When I sent an email concerning what I wanted to find out, I asked in addition; 'What are your charges and what kind of range might I expect'. A week went by without any response. Sent another email asking if they received my first, they said yes and would be getting back to me in the next couple days with their analysis. Another week went by and I sent another email with some updates that I've found out to make their investigation easier. Another week went by. We then had a brief conversation via phone about what they have found out. I was surprised they researched this as I was still waiting for a response to potential charges as well what I may have to pay. During this phone conversation I once asked again, what are your charges? The lawyer didn't know but he did tell me how much he was an hour. I followed up with an email asking what my charges were so far as it appears they have been working on my original request. Again, no response to the monetary question. I sent a couple of other emails and had no response to them. Then in 1/05 I receive a statement from the law firm for over $5K with a statement 'as per terms of our engagement, immediate payment is due'. I had no idea what this term meant and researched it on the web. When I called the billing manager she said it's a documment every client has to sign. I stated I never heard, let alone seen this. She said she would have to investigate. Weeks went by as I kept leaving her voice messages without replies. Finally I heard from the original attorney stating he wasn't involved with the original retention with the firm and would have to ask the person who I originally sent an email to to see if they would handle something like this (this contact was a partner and was the one listed on their website. He just referred me to the attorney <another partner> who did the research).
I was only expecting a bill of a couple hundred dollars at most. I even thought it may have been done gratis and it was really a minor code and plainly worded. Had I known the code was posted on the web, I would of found it myself. That is irrelevant as I know.
It's been 6 days since I was told they are going to look into this and still haven't heard anything. When the statement comes in again with interest, I'll probably have a stroke. I feel I was mislead. I even stated with my original request it has been since the late '70's since I retained council and don't know the protocol.
Can anyone tell me what action I should take from here? Mediation, complaint to the state bar, retain council and prepare to be sued? Had I known they were almost $400/hr, I never would of gone forth.
Thank you in advance!
Roger
 
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RogerRabbit

Junior Member
Update

Much time has passed now and I haven't heard anything from the law firm. The prior post really just requested: Is a Letter of Engagement required before hiring council? It states in the Code of Ethics that fees need to be discussed at the beginning of representation or as soon as possible. Is this code a suggestion or considered binding law within the attorney community.
Again, thank you for any insight.
Roger
 

JETX

Senior Member
Your first mistake was in relying on the phone and email to do this. You should have sent them a WRITTEN request/demand for billing information.... and included that there was no agreement or 'release' for them to start billable work.

At this point, your best likely approach would be to send them (certified RRR) a WRITTEN request for an accounting, plus ANY attorney-client agreement that you signed, authorizing them to provide legal services on your behalf.

From the 'Delaware Lawyer's Rules of Professional Conduct', Rule 1.5:
(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.
Source: http://courts.state.de.us/odc/dlrpc.htm

If you want to file a complaint, go to: http://courts.state.de.us/odc/complaints.htm
 
S

seniorjudge

Guest
Q: Is a Letter of Engagement required before hiring council?

A: Probably not required, but it is an exceptionally good idea.


Q: It states in the Code of Ethics that fees need to be discussed at the beginning of representation or as soon as possible.

A: Correct.


Q: Is this code a suggestion or considered binding law within the attorney community.

A: If a lawyer is accused of an ethical violation, the disciplinary people will look at the code to see if the lawyer has, in fact, breached any part of the code. I guess you could say in that way it is "binding".
 

RogerRabbit

Junior Member
DE
Thank you all for your advice. I still haven't heard anything but I think I'll send a letter RRR requesting such. Appreciate the help!
Roger
 
S

seniorjudge

Guest
RogerRabbit said:
DE
Thank you all for your advice. I still haven't heard anything but I think I'll send a letter RRR requesting such. Appreciate the help!
Roger
You are welcome.
 

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