Should I make this verbal agreement with a lawyer!!!

[narf]

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

My wife and I are going through a divorce and there is a community property that we both want.

Without going into detail.... I wanted the lawyer to work on a flat fee of $5000 for the divorce and a contingency of getting the house for $10,000. He said like all the other lawyers that he cant write that in the contract because it's illegal and pretty much I don't have to pay him because he cant bring me to court for it.

However, he suggested that I pay him a flat fee of $5000 and the balance will be paid after the divorce is over and will be capped at $15k total for all work(so an extra $10k at the end).

He said however in a verbal agreement that if we don't get the house that I don't have to pay him anything besides the $5k which I will already pay upfront.. he said he has only sued 2 people for fees and those were big amounts $80k - $110k.

Should I take the leap of faith? I don't want to pay an extra $10k if we don't win... but my credit is good... Should I believe him?

 

[TigerD]

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

My wife and I are going through a divorce and there is a community property that we both want.

Without going into detail.... I wanted the lawyer to work on a flat fee of $5000 for the divorce and a contingency of getting the house for $10,000. He said like all the other lawyers that he cant write that in the contract because it's illegal and pretty much I don't have to pay him because he cant bring me to court for it.

However, he suggested that I pay him a flat fee of $5000 and the balance will be paid after the divorce is over and will be capped at $15k total for all work(so an extra $10k at the end).

He said however in a verbal agreement that if we don't get the house that I don't have to pay him anything besides the $5k which I will already pay upfront.. he said he has only sued 2 people for fees and those were big amounts $80k - $110k.

Should I take the leap of faith? I don't want to pay an extra $10k if we don't win... but my credit is good... Should I believe him?

You are telling us that your potential lawyer can't commit the contract to writing because it would be illegal, but you are considering the same - illegal - arrangement on his word. And you don't see the problem with this?

DC

 

[tranquility]

I agree with debtcollector`.

But, also would like to note....posting history.

 

[TheGeekess]

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

My wife and I are going through a divorce and there is a community property that we both want.

Without going into detail.... I wanted the lawyer to work on a flat fee of $5000 for the divorce and a contingency of getting the house for $10,000. He said like all the other lawyers that he cant write that in the contract because it's illegal and pretty much I don't have to pay him because he cant bring me to court for it.

However, he suggested that I pay him a flat fee of $5000 and the balance will be paid after the divorce is over and will be capped at $15k total for all work(so an extra $10k at the end).

He said however in a verbal agreement that if we don't get the house that I don't have to pay him anything besides the $5k which I will already pay upfront.. he said he has only sued 2 people for fees and those were big amounts $80k - $110k.

Should I take the leap of faith? I don't want to pay an extra $10k if we don't win... but my credit is good... Should I believe him?

Are you going to lie to this attorney, too?
See also:
https://forum.freeadvice.com/divorce-separation-annulment-36/rental-property-bought-under-her-name-during-marriage-coming-my-bank-account-591511.html
https://forum.freeadvice.com/divorce-separation-annulment-36/separated-undergoing-divorce-case-can-i-buy-another-property-now-591813.html
https://forum.freeadvice.com/child-support-98/can-i-give-my-ex-house-get-out-paying-child-support-if-she-agrees-592932.html

 

[Zigner]

Are you going to lie to this attorney, too?
See also:
https://forum.freeadvice.com/divorce-separation-annulment-36/rental-property-bought-under-her-name-during-marriage-coming-my-bank-account-591511.html
https://forum.freeadvice.com/divorce-separation-annulment-36/separated-undergoing-divorce-case-can-i-buy-another-property-now-591813.html
https://forum.freeadvice.com/child-support-98/can-i-give-my-ex-house-get-out-paying-child-support-if-she-agrees-592932.html

Oh, it's THAT guy

 

[narf]

There is another lawyer who is willing to do my case for $8500 flat fee... should I just go with this guy?
Or go with the guy who will do it for $5000 and has given me his word that he wont go after me for more money if he doesn't get the house.

Thanks

 

[tranquility]

I'd go with the guy who is not attempting to circumvent his ethical duties under Rule 1.5(d) of the ABA and the law under 6147 & 6148 of the Business and Professions code. However, this being California, it could be all legal like if it is actually spelled out in the contract.

http://ethics.calbar.ca.gov/LinkClick.aspx?fileticket=bywEUZ6v6Uk%3D&tabid=842

 

[tuffbrk]

Are you going to lie to this attorney, too?
See also:
https://forum.freeadvice.com/divorce-separation-annulment-36/rental-property-bought-under-her-name-during-marriage-coming-my-bank-account-591511.html
https://forum.freeadvice.com/divorce-separation-annulment-36/separated-undergoing-divorce-case-can-i-buy-another-property-now-591813.html
https://forum.freeadvice.com/child-support-98/can-i-give-my-ex-house-get-out-paying-child-support-if-she-agrees-592932.html

Oh...this guy again...