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fee agreement

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A

AT97

Guest
The agreement says if my attorney loses I own nothing

If I am forced to change attorneys AND the new one loses...

do I owe the former attorney cost, becuase he was not the one who lost the case?

The word "irrevocable" was put at the top of my present attorneys' fee agreement.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by AT97:
The agreement says if my attorney loses I own nothing

If I am forced to change attorneys AND the new one loses...

do I owe the former attorney cost, becuase he was not the one who lost the case?

The word "irrevocable" was put at the top of my present attorneys' fee agreement.
<HR></BLOCKQUOTE>

My response:

Take another look at your agreement. I think you're confusing "Attorney Fees" with "Costs." Costs are not Fees.

Costs are those monies expended to further your claim or action. Costs are not waived; rather, they are refundable to the person who paid them "up front" for you, on a dollar for dollar basis. If you were running your own case, you would necessarily incur certain costs; e.g., telephone, copies, court filing fees, etc., etc.

In other words, win or lose, you still owe the costs to whomever has paid them for you because, in the final analysis, this is YOUR claim / case, not the attorney's. The attorney is merely taking a chance, on the contingency, whether or not he / she will be paid a Fee. The attorney is not taking a chance on getting back all costs expended on your behalf. The attorney is entitled to be reimbursed, either immediately, or if he / she chooses, when your claim is over. Costs can be paid to your former attorney by your new attorney; however, all of those costs and any new costs, will be placed on your "tab" for reimbursement by you later, at the end of your case / claim, regardless of whether your win or lose.

If you should be fortunate enough to win your case, your former attorney is entitled to a Fee for all work performed prior to being replaced (under certain conditions). Your former attorney and the new attorney will work out a fee-split arrangement, which will have no impact on you. Your former attorney can even file a "Lien" on your case with the court, to force any payor of any judgment you win, to place the name of your former attorney on any check made out and given to you in payment of your judgment.

IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited May 20, 2000).]
 

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