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timing of attorney fee increase

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JimBear

Junior Member
What is the name of your state? Colorado.
Question: a contract with my attorney states that the attorney fees will increase if and/or when the case "goes to appeal." We were in settlement negotiations for a long time, during which we were told by the appeals court to wait and see if a settlement was reached. We did reach a settlement, but now my attorney says that the fee increase is effective because they contacted the appeals court. I don't think the fee increase should be effective because we never filed for an appeal, nor did the case "go to appeal'. Any idea which is correct? Also, is there a legal definition for the timing of "go to appeal" ? Thanks.
 


seniorjudge

Senior Member
This sounds like a very poorly-written contract, but your statement ("...We were in settlement negotiations for a long time, during which we were told by the appeals court to wait and see if a settlement was reached....") indicates that the court of appeals was involved.

Thus, you owe the higher fee.

I have obviously not read the contract; I am just going by what you said.
 

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