obligation to subcontracted attorney

[Salsablondie]

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

My case involved a main attorney, who subcontracted the business litigation work to another firm. Bills were generated by the main attorney's firm. After over a year, I was running out of money and stated in writing I could not afford the lawsuit anymore. My attorneys agreed to continue the case without payment, stating that with 20k more we could get to the financials of the business and they could restructure the agreement if the case involved millions of dollars. I agreed to continue on this basis alone, expecting that they would alert me if the bills went very high or that they had decided it was worthwhile to continue based on a large payout at the end. I requested a bill but did not get one until months later when I was presented a bill for 100,000. Of course I could not come up with anything, and then was forced to relieve them from the case and walk away. No one is taking responsibility for not sending me bills and for allowing the bill to go so high, knowing that I had no more money. I really thought that they were assuming some costs based on the fact we knew he was making millions and millions so they could restructure the agreement. Now they are threatening to sue me for unpaid bills of $100,000. What sort of legal obligation do I have to pay the entire amount of a bill that went so high after I informed them that I had no money left and they gave me an estimate of $20k… and now it is $100,000? Do I have any recourse? Also I was never informed what the arrangement was between the attorneys - if he was taking a cut and how much (I imagine so). No bills reflect this arrangement at all.

 

[quincy]

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

My case involved a main attorney, who subcontracted the business litigation work to another firm. Bills were generated by the main attorney's firm. After over a year, I was running out of money and stated in writing I could not afford the lawsuit anymore. My attorneys agreed to continue the case without payment, stating that with 20k more we could get to the financials of the business and they could restructure the agreement if the case involved millions of dollars. I agreed to continue on this basis alone, expecting that they would alert me if the bills went very high or that they had decided it was worthwhile to continue based on a large payout at the end. I requested a bill but did not get one until months later when I was presented a bill for 100,000. Of course I could not come up with anything, and then was forced to relieve them from the case and walk away. No one is taking responsibility for not sending me bills and for allowing the bill to go so high, knowing that I had no more money. I really thought that they were assuming some costs based on the fact we knew he was making millions and millions so they could restructure the agreement. Now they are threatening to sue me for unpaid bills of $100,000. What sort of legal obligation do I have to pay the entire amount of a bill that went so high after I informed them that I had no money left and they gave me an estimate of $20k… and now it is $100,000? Do I have any recourse? Also I was never informed what the arrangement was between the attorneys - if he was taking a cut and how much (I imagine so). No bills reflect this arrangement at all.

You are obligated for all that your contract says you are obligated for and, if the attorney is threatening to sue you for $100,000, I think it might be time to have your contract and all of the facts of your relationship with the attorney personally reviewed by another attorney.

The arrangement your attorney had with another attorney to take on some of the work in your case is an arrangement made between those attorneys and should not affect your own contract.

 

[latigo]

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

My case involved a main attorney, who subcontracted the business litigation work to another firm. Bills were generated by the main attorney's firm. After over a year, I was running out of money and stated in writing I could not afford the lawsuit anymore. My attorneys agreed to continue the case without payment, stating that with 20k more we could get to the financials of the business and they could restructure the agreement if the case involved millions of dollars. I agreed to continue on this basis alone, expecting that they would alert me if the bills went very high or that they had decided it was worthwhile to continue based on a large payout at the end. I requested a bill but did not get one until months later when I was presented a bill for 100,000. Of course I could not come up with anything, and then was forced to relieve them from the case and walk away. No one is taking responsibility for not sending me bills and for allowing the bill to go so high, knowing that I had no more money. I really thought that they were assuming some costs based on the fact we knew he was making millions and millions so they could restructure the agreement. Now they are threatening to sue me for unpaid bills of $100,000. What sort of legal obligation do I have to pay the entire amount of a bill that went so high after I informed them that I had no money left and they gave me an estimate of $20k… and now it is $100,000? Do I have any recourse? Also I was never informed what the arrangement was between the attorneys - if he was taking a cut and how much (I imagine so). No bills reflect this arrangement at all.

I don't see anything in what you have written that should be unfavorable to your resisting the billing. But I agree with Q in that you need to take all contracts, writings and correspondence concerning the matter of fees for legal services to another well established competent attorney. And I would be looking for one a county or two removed.

Hopefully, this may be of some practical significance:

Florida Rules of Professional Conduct - Fees for legal services- Rule 4-1.5 (g)

Division of Fees Between Lawyers in Different Firms.

Subject to the provisions of subdivision (f)(4)(D) - (not applicable here) - a division of fee between lawyers who are not in the same firm may be made only if the total fee is reasonable and:

* * * * * *
(2) by written agreement with the client:
_______________

But in any event I would not pay the vultures a red cent more than you agreed to commit. I'd let them try and get a jury to agree with them. They might be hard pressed to find a sympathetic panel!

ADDING:

After further consideration, I would have another experienced trial lawyer not only read the data concerning the fee charges, but review the entire case file. It is not beyond the realm of possibility that the lawyers in continuing the litigation or even initially pursuing prosecuting your claim or defense were beating a dead horse.

That is to say, an opinion as to whatever your position in the lawsuit - whether as plaintiff, defendant or counter claimant, was reasonably sustainable in both law and in fact.

There is a good reason why the English language contains the word, "barratry".

 

[quincy]

I agree with latigo's suggestions and recommendations, and I think his "addition" could be an important one. Although I don't think there are many attorneys who would encourage their clients to pursue cases that have little worth, this is something to explore.

Here, to go along with latigo's post, is a direct link to Florida's Rules of Professional Conduct:

https://www.law.cornell.edu/ethics/fl/code/FL_CODE.HTM