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Breach of Contract?

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pictureparadise

Junior Member
What is the name of your state? FL; I hired an attorney for an upcoming trial. My ex-husband took me to court, which would have been a 2-day trial. I was charged a retaining fee in Jan. 2005, and by Sept. I was charged a part of my fee $10,000 (which I paid). I never received a bill. The day before the trial (Nov) my ex decided to try and settle out of court. I asked my attorney for a bill, he said he didn't have time to do one yet. During the negotiations he advised me my bill would be about $30,000. Between my ex and I, we agreed (along with other things) that he would pay me $60,000 to cover legal fees etc. His attorney asked my attorney what my fee was and he told her (without asking me if it was okay) that it was $30,000. My ex demanded it was put in the order. I didn't want it in there, but my attorney wouldn't fight it. Everyone signed off on it, including the judge. We ended up in a 1-day trial for something we couldn't agree on (a parent coordinator). The day after this trial, my attorney came to my home in the evening and told me he had my bill ready and said he understated it. It was actually $45,000. I paid it because I thought I had to. Three weeks later I receive another bill for $3300. I paid that. Then a week later, another for $680...I paid that and wrote a letter releiving him from his duties. I've been told that I didn't have to pay over the $30,000. What can I do? I feel like this attorney used his power and was negligent. Is this not a breach of contract? I would have never agreed on $60,000 if I had known it would have gone to this attorney. Please guide me in the right direction.
 


seniorjudge

Senior Member
pictureparadise said:
What is the name of your state? FL; I hired an attorney for an upcoming trial. My ex-husband took me to court, which would have been a 2-day trial. I was charged a retaining fee in Jan. 2005, and by Sept. I was charged a part of my fee $10,000 (which I paid). I never received a bill. The day before the trial (Nov) my ex decided to try and settle out of court. I asked my attorney for a bill, he said he didn't have time to do one yet. During the negotiations he advised me my bill would be about $30,000. Between my ex and I, we agreed (along with other things) that he would pay me $60,000 to cover legal fees etc. His attorney asked my attorney what my fee was and he told her (without asking me if it was okay) that it was $30,000. My ex demanded it was put in the order. I didn't want it in there, but my attorney wouldn't fight it. Everyone signed off on it, including the judge. We ended up in a 1-day trial for something we couldn't agree on (a parent coordinator). The day after this trial, my attorney came to my home in the evening and told me he had my bill ready and said he understated it. It was actually $45,000. I paid it because I thought I had to. Three weeks later I receive another bill for $3300. I paid that. Then a week later, another for $680...I paid that and wrote a letter releiving him from his duties. I've been told that I didn't have to pay over the $30,000. What can I do? I feel like this attorney used his power and was negligent. Is this not a breach of contract? I would have never agreed on $60,000 if I had known it would have gone to this attorney. Please guide me in the right direction.
Explain something: did the judgment in the lawsuit say that YOUR legal fees were $30,000?

The quick answer is that you need to file a mediation request with your state bar over this fee dispute.
 

pictureparadise

Junior Member
What it states

It states:
Former Husband shall pay to Former Wife $60.000. Former Wife's counsel has estimated that his attorney's fees and costs are approximately thirty thousand ($30,000) dollars. The remainder of said sum shall be a payment to Former Wife, which the Former Husband believes is appropriate to pay to achieve this Agreement which he believes is in the best interest of the parties' child.

My point is, I was told $30,000 and based the $60,000 settlement on that. I asked him for a bill before hand which he would not give me. He took the total of $60,000 at the end. What is a mediation request with the state bar...and what does that do? Do I have a chance on retrieving the difference, especially since I've already paid it? I "think" that I also signed the bill when he came to my home. He put me on the spot in front of my kids and I paid it under pressure.
 
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