Who should I ask about a fee agreement a lawyer wants me to sign?

[russharv63]

What is the name of your state (only U.S. law)? Virginia
I have a ADA claim that needs to be started in a Virginia federal court. I went to see a lawyer and he wants me to sign a blended fee retainer agreement before he begins with my civil suit. Who should I consult with to make sure the lawyer is not legally screwing me with the fee agreement? Should I contact the Virginia state bar or maybe another lawyer or who?

 

[quincy]

What is the name of your state (only U.S. law)? Virginia
I have a ADA claim that needs to be started in a Virginia federal court. I went to see a lawyer and he wants me to sign a blended fee retainer agreement before he begins with my civil suit. Who should I consult with to make sure the lawyer is not legally screwing me with the fee agreement? Should I contact the Virginia state bar or maybe another lawyer or who?

By a "blended fee" agreement, is the attorney asking for 1/3 of any recovery plus an hourly rate for his time?

A fee agreement is judged on how "reasonable" it is for the work performed (Rule 1.5(a) of the Attorney Rules of Professional Conduct).

 

[adjusterjack]

Who should I consult with to make sure the lawyer is not legally screwing me with the fee agreement? Should I contact the Virginia state bar or maybe another lawyer or who?

I suppose you can start by quoting the agreement word for word and some of us might be willing to give you our two cents worth.

 

[quincy]

First, please do NOT post the agreement. No one on this forum can provide a contract analysis without violating the terms and conditions of this site. Contract analysis is considered the practice of law and you will need to have it done by an attorney licensed to practice in your own jurisdiction.

Here is a link to Rule 1.5: http://www.vsb.org/pro-guidelines/index.php/Rules/client-lawyer-relationship/rule1-5/

I recommend you discuss the fee agreement with the attorney first. He is the one best able to explain the reason for the requested "blend."

 

[russharv63]

Blended retainer Fee agreement

I suppose you can start by quoting the agreement word for word and some of us might be willing to give you our two cents worth.

The thing is four pages long. You have to have a PHD in math to figure it out. I just need to know where I can take it to for the purpose of seeing if it is a reasonable fee agreement. I am not saying he is trying to cheat me. I just want it checked out by someone. Who would be my best bet? Will the VSB do it?

 

[justalayman]

The thing is four pages long. You have to have a PHD in math to figure it out. I just need to know where I can take it to for the purpose of seeing if it is a reasonable fee agreement. I am not saying he is trying to cheat me. I just want it checked out by someone. Who would be my best bet? Will the VSB do it?

No, the VSB is not going to provide legal services to you.

As suggested the first person to ask is the attorney who proposed it, at least if you have any questions about the contract itself. Then, to obtain an opinion of its fairness, you will have to hire another attorney to review it and provide an opinion.

You need to understand reasonable is a lot like beauty; it is in the eye of the beholder. What the attorneys sees as fair and reasonable may be totally opposite of your opinion of fair and reasonable.

 

[quincy]

The thing is four pages long. You have to have a PHD in math to figure it out. I just need to know where I can take it to for the purpose of seeing if it is a reasonable fee agreement. I am not saying he is trying to cheat me. I just want it checked out by someone. Who would be my best bet? Will the VSB do it?

First discuss the fee agreement with your attorney. A mixed or blended fee is not in itself a problem and, in fact, when there is a contingency agreement, if can make sense for an attorney to have a mixed fee. The attorney wants at least to be paid for his legal work if there is no recovery from the other party in the suit.

If your attorney cannot explain to your satisfaction why the fee agreement is worded as it is, a personal review by and an explanation from an objective third party legal professional can be done.

You are smart to question any agreement you do not fully understand prior to signing. After you have signed, you become legally bound by its terms.