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Engagement Agreement To Counsel

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Gibbler

Junior Member
What is the name of your state?What is the name of your state? NM

But case in IL. Just hired my 3rd attorney for this ridiculous post decree support case(last one quit). I have already sent 2500 to retain new attorney after going on lawyerfind and getting a referral to this guy and talking with him about my case. He made it sound like it would go favorably for me(dont believe it though, it has been going on for 4 years and two lawyers).
I just received his agreement to sign. I have never, in all the time dealing with this had a lawyer send me a 6 page agreement form. Sounds from what he's wanting to charge for my retainer will be gone in a week. Everything from "wait time in court", to me paying for his paperwork if he wants to withdraw from case and "The likelihood, if apparent to the CLIENT, that the acceptance of the particular employment will preclude other employment by the lawyer". That doesnt make sense. If I employ him of course he's going to have to actually spend time on this and cant work on somebody else's case at the same time he is working on mine.
The big red flag to me is this clause: COUNSEL'S LIEN- It is understood that COUNSEL has the right to impose a lien upon any assets in which CLIENT has an interest,including real property, to insure the payment of COUNSELS fees and CLIENT hereby aurtorizes the imposition of such lien upon any interest in any assets in which CLIENT has an interest,including real and personal property, to insure the payment of COUNSELS fees. It is understood that this lien is subject to approval of the Court and will not become effective until Court approval is obtained". This seems absolutely crazy to me. That cant be a "normal" clause in an agreement. Sounds like he is asking me to allow him to take what very little I have(which isnt much).
Should I not agree to certain parts of this agreement(what I feel is outrageous) and sign to the rest, or am I just asking for trouble with this guy. Seeing as he already has a 2500 retainer and this is a very pressing issue in court. I have signed nothing with him yet, only talked to him. Is it time to ask for the money back and look for other representation? I expect to pay for services, but this sounds really far out.
Thanks.
 


seniorjudge

Senior Member
Gibbler said:
What is the name of your state?What is the name of your state? NM

But case in IL. Just hired my 3rd attorney for this ridiculous post decree support case(last one quit). I have already sent 2500 to retain new attorney after going on lawyerfind and getting a referral to this guy and talking with him about my case. He made it sound like it would go favorably for me(dont believe it though, it has been going on for 4 years and two lawyers).
I just received his agreement to sign. I have never, in all the time dealing with this had a lawyer send me a 6 page agreement form. Sounds from what he's wanting to charge for my retainer will be gone in a week. Everything from "wait time in court", to me paying for his paperwork if he wants to withdraw from case and "The likelihood, if apparent to the CLIENT, that the acceptance of the particular employment will preclude other employment by the lawyer". That doesnt make sense. If I employ him of course he's going to have to actually spend time on this and cant work on somebody else's case at the same time he is working on mine.
The big red flag to me is this clause: COUNSEL'S LIEN- It is understood that COUNSEL has the right to impose a lien upon any assets in which CLIENT has an interest,including real property, to insure the payment of COUNSELS fees and CLIENT hereby aurtorizes the imposition of such lien upon any interest in any assets in which CLIENT has an interest,including real and personal property, to insure the payment of COUNSELS fees. It is understood that this lien is subject to approval of the Court and will not become effective until Court approval is obtained". This seems absolutely crazy to me. That cant be a "normal" clause in an agreement. Sounds like he is asking me to allow him to take what very little I have(which isnt much).
Should I not agree to certain parts of this agreement(what I feel is outrageous) and sign to the rest, or am I just asking for trouble with this guy. Seeing as he already has a 2500 retainer and this is a very pressing issue in court. I have signed nothing with him yet, only talked to him. Is it time to ask for the money back and look for other representation? I expect to pay for services, but this sounds really far out.
Thanks.

All this is standard language; if you don't want to sign it, then ask for your dough back and get a fourth attorney.

After three attorneys, you are tagged as a difficult client and, I suspect, everyone in the courthouse knows your reputation.

The lawyer is trying to protect himself.
 

Gibbler

Junior Member
seniorjudge said:
All this is standard language; if you don't want to sign it, then ask for your dough back and get a fourth attorney.

After three attorneys, you are tagged as a difficult client and, I suspect, everyone in the courthouse knows your reputation.

The lawyer is trying to protect himself.

I'm not a difficult client. I ask questions when in doubt, and expect a lawyer to do his best job for the high prices that they want. The first lawyer messed this up so bad, after I did this pro se for a while I found all kind of things any lawyer should have been able to deal with. Should I have kept someone inept on the payrole? The second lawyer offered me a flat fee to take this case. I accepted HIS offer(him even laughing and saying he may "come to regret the offer"). Guess he did, but, it was HIS offer. I did nothing wrong. I already put in previous posts about my ex's lawyer who was censured and pulled all kinds of stuff. How does that make me difficult. Seems obvious to me my attorney at the time should have addressed the court about this, but too macho I guess to do so ("I dont ask the judge how to do my job" :rolleyes: ). Then he quit. Now I have to find yet another guy to deal with this. Would be nice if an attorney would address the REAL issue. Opposing counsel with no ethics and was censured for such. I am already in the process of writing the ARDC and have written alot of places about this problem. I guess it makes you difficult if you try to address things attorneys are not willing too. Probably where all the lawyer jokes and "sterotypes" come from.
 

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