Law firm changing attorney and rate without my consent

[Robinsonb]

I retained a law firm to help me with my Family matter case. When I retained that law firm, I signed an agreement with and attorney there at that specific attorneys rate. The same day that my attorney told me she was getting ready to file my case in the morning, that afternoon I received another e-mail stating that the attorney was no longer with that practice and that they were switching me to another attorney with a much higher rate that I couldn't afford. I understand when I signed those papers it had to do with the whole firm however it stated a specific attorney and a certain rate for that attorney that I agreed on. So my question is, Even if I have a different attorney, can I fight to still pay the same rate that I agreed upon with them when I signed the paperwork retaining them? I don't know exactly how that all works, because I haven't agreed on anything from them switching me to a different attorney to paying that rate. I have also reached out to their complaint department 2 month ago and still have yet to hear back from them. I just feel I'm at lost here. My case was suppose to be easy and take no longer than 6 months max but they were able to push it out for 10 months and counting. I have e-mailed back and forth with this new attorney (2 times now) and I expressed how I will not pay for any of these e-mails about the changes because supposedly they were to call me to meet in person or talk over the phone for this whole new switch up within 24 hours however they still have yet to contact me and reach out and it's been 2 days since the new change. Any advice will help please!

 

[quincy]

I retained a law firm to help me with my Family matter case. When I retained that law firm, I signed an agreement with and attorney there at that specific attorneys rate. The same day that my attorney told me she was getting ready to file my case in the morning, that afternoon I received another e-mail stating that the attorney was no longer with that practice and that they were switching me to another attorney with a much higher rate that I couldn't afford. I understand when I signed those papers it had to do with the whole firm however it stated a certain rate an attorney that I agreed on. So my question is, Even if I have a different attorney, can I fight to still pay the same rate that I agreed upon with them when I signed the paperwork retaining them? I don't know exactly how that all works, because I haven't agreed on anything from them switching me to a different attorney to paying that rate. I have also reached out to their complaint department 2 month ago and still have yet to hear back from them. I just feel I'm at lost here. My case was suppose to be easy and take no longer than 6 months max but they were able to push it out for 10 months and counting. I have e-mailed back and forth with this new attorney (2 times now) and I expressed how I will not pay for any of these e-mails about the change because supposedly they were to call me to meet in person or talk over the phone for this whole new switch up within 24 hours however they still have yet to contact me and reach out and it's been 2 days since the new change. Any advice will help please!

What is the name of your state?

Once there were changes in your contract with the first attorney, the first contract became voidable. You cannot be held to any terms in a new contract (including rate increase) without your express consent to the change.

 

[xylene]

Have you received legal services?

What did you do immediately when they switched the lawyer and rate?

 

[justalayman]

By chance have you contacted the specific attorney who you originally dealt with and inquired about continuing with his services?

 

[quincy]

Because we do not know the state name yet, here is a link to the ABA's Model Rules of Professional Conduct where, among other Rules, Robinsonb might want to read Rule 1.5, Fees:

https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html

A client must be informed of any changes in attorney representation and any changes in rates, and must consent to these changes.

 

[Robinsonb]

What is the name of your state?

Once there were changes in your contract with the first attorney, the first contract became voidable. You cannot be held to any terms in a new contract (including rate increase) without your express consent to the change.

I live in Texas

 

[Robinsonb]

Have you received legal services?

What did you do immediately when they switched the lawyer and rate?

I have recieved legal services from my old attorney. When they e-mailed me about the switch i e-mailed back right away expressing how i did not approve of this change or the new rate.

 

[Robinsonb]

By chance have you contacted the specific attorney who you originally dealt with and inquired about continuing with his services?

I tried calling the number i had but no answer and left a vm but heard nothing back. The letter they e-mailed me stated my attorney that i was using before no longer works for that practice.

 

[quincy]

The law firm was right to turn over your former attorney's case file to another attorney in their practice. They cannot leave a client "hanging" mid-case without representation.

And the law firm was right to notify you of the change in attorney.

What the law firm cannot do is change the terms of your contract with your former attorney without your consent.

You could look for another firm/another attorney (perhaps even your former attorney if he is still practicing).