Attorney Client Agreement Dispute - Is My Lawyer Ripping Me Off

[jack Bayano]

My question relates to legal practice in the state of: Michigan
]

Hello,
I really need help with this and I don't know that much English so please bare with me. I hired a lawyer and our agreement is pasted below this letter. We are in the middle of our trial but my lawyer is asking for more money $2750 to be exact since he is filing for an appeal to move our case to a higher court, County court instead of the city court because he said that the judge presiding in that city court is biased, our trial on the city court is on March 1st of this year. But i thought the agreement form below was a flat rate meaning I don't have to pay him anymore except out of pocket expenses. Please help n reply asap because I have nowhere else to turn to. Thank you.


Minimum retainer of $ 1,500 , which is non-refundable and will be applied towards fees as detailed herein.
 Flat rate of $ 1,500 , which is non-refundable and includes all pre-trial work (but not out-of-pocket expenses) through motions. An additional
fee of $ 3,500 is due seven (7) days after the matter is set for contested motions and/or an evidentiary hearing and/or a jury trial, for a total
fee of $5,000. The flat rates described herein excludes all bond violation hearings, and post-trial matters, including appeal and post-trial motions,
which are charged hourly at a rate of $400.00 per hour or through a separate attorney-client agreement as may be agreed upon between Attorney
and Client. In the event of a mistrial or hung jury, each additional trial requires an additional fee of $2,500.
The parties to this agreement agree that interest on all unpaid attorney fees shall incur interest at the rate of seven percent (7%) per annum.
Interest on all unpaid costs shall incur interest at the rate of eighteen percent (18%) per annum.
Client is responsible for all out-of-pocket expenses. Out-of-pocket expenses include, but are not limited to, fees assessed by the police or prosecutor
for the discovery packet and video tapes, independent laboratory analysis of blood samples, private investigator fees, court fees, process service
fees, subpoena fees, transcripts, court runner/filings service, trial exhibits, expert witnesses, postage, and parking. Out-of-pocket expenses are due
and payable forthwith and not subject to any payment plan or minimum monthly payment plan. Expert witnesses typically require a separate
agreement and payment in advance of review and/or attendance.
Please note that all attorney fees and costs must be paid in full and up-to-date no later than fourteen (14) days prior to any trial date,
including a non-refundable deposit towards one day trial as detailed in this Agreement. By signing below, Client agrees that Attorney may
terminate representation if payment is not made in conformity with this paragraph, pursuant to applicable court rule and MRPC 1.16(b)(4).
An attorney lien may be imposed against any proceeds for unpaid attorney fees and out-of-pocket expenses.

[Mr. Knowitall]

You retained him for the trial, not for an appeal. It's typical for an appeal to cost more money.

[KeyWestDan]

Moving the case to county or circuit court is not an appeal, but your agreement does not cover appeals or any extraordinary remedy. I imagine there is a motion to do, a legal brief to prepare and an additional court expenses to do this which is why it is not cheap.

If it is a civil case, here in Florida a small claims case filing fee is $75, but a major claim in county or circuit court is $500. The added fee might include a filing fee, though I don't know.

The flat rates are standard amounts, though the hourly rate is a bit high. I assume you hired this attorney because he is good at your type of case.

If this is something like a DUI or criminal case, every cent you spend will be worth it in the end.