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  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Binding Contract Missing

    are you going to argue you thought the lawyers were doing this all for free? Unless so, you are going to have to come up with some understanding as to the payment agreed upon. And no, you are not going to escape paying just because a written contract is not producible. In many situations, a verbal contract is quite enforceable. The terms would be the only arguing point.

    bottom line; you will pay them something. if you want to argue it, you will find yourself in court, against a lawyer. You may end up hiring another lawyer to defend yourself against this one. I have no idea how much the current attorney is seeking but it could be quite costly to defend yourself against him and you will end up paying him something.

  2. #2
    Join Date
    Apr 2009
    Posts
    5

    Default Re: Binding Contract Missing

    It's not that I don't want to pay my current lawyer who is fresh. The past lawyer who is getting the chunk shouldn't deserve a penny. Verbal agreements are ok, but when I've asked for many times and they stated they've lost and misplaced the contract. How do I know how much I'm cutting them? from your perspective, the lawyers can say whatever fee and I'll still lose correct?

  3. #3
    Join Date
    Apr 2009
    Posts
    5

    Default Re: Binding Contract Missing

    No, I just wanted the other party to see they've wronged. I never wanted to go down this direction, but my wife's family told her to file this lawsuit. So here we are, 4 1/2 yrs. I know we always had to pay a fee, this is my first lawsuit, so just getting the medical bills paid.

    From the beginning of Jan. 05, the first lawyer we met, we signed and a week later, I asked him to mail me a copy. I emailed, called, left messages, even called the owner of the firm to produce the written agreement. Nothing available. Lawyers from that firm leaves and opens up a new firm and a new person takes over. calls us out of the blue and says we are ready to proceed. I ask for the contract again so I know what I'm headed in for. That company closes down or break up, so the original company Lawyers took my case and new lawyer is assigned. another yr. later calls me up and asks for all the papers from ins. I produce it. dissappears for 6 mos. another guy calls me and says that lawyer is no longer with the firm. new guy in. I ask for the contract, they all stated they will look into it. We go to deposition, and guess what, My wife is there along with her sister to meet the Insurance lawyers if what not, A new lawyer shows up late to deposition and smells like he's been out all night...(like 2 hrs. late) We call the original attorney and they never stated they've passed our case on.

    He's been the most helpful...he should get paid, the rest, I would say "NO"...but if your saying that verbals will get them paid, at what cost? I'm just at a point where we want to pay the medical bills and end up with 0. not looking for any financial gains.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Binding Contract Missing

    it's not real clear about the situation but what it sounds like may be that you did not actually have but one contract which was assumed by a series of attorneys and/or firms. If that is the case, then you would only owe one attorney/firm. You would not owe each of them.

    Now, if you changed lawyers somehwere along the line, then you could end up owing more than one firm and if so, you could actually end up owing more than the total award even.

    What does your current attorney say about this?

  5. #5
    Join Date
    Apr 2009
    Posts
    5

    Default Re: Binding Contract Missing

    My current lawyer knows he's only going to get his share. I never switched laywers. they kept moving from firm to firm. That's what I'm also scared of. whether we signed one or not, I need a copy. End of story as what I told my current new lawyer. He states he'll get his cut cause he got the job from the other lawyers. I never signed anything with him. I never chose to keep moving lawyers. So the original contract, we do not have. I'm not trying to pay for the legal consultation, I just think now that we are so far away from getting this done. I don't want to be stuck and if there's a penny coming back to us, without that contract, verbally agreed or not, how do I prove that to the court? Lawyers are smarter and know the system better than I do. I'm just an average Joe...

    I told my new lawyer to just do what we have to so I don't have to deal with this anymore.

    Thanks for the info...

  6. #6
    Join Date
    Apr 2009
    Posts
    5

    Default Re: Binding Contract Missing

    I meant that I wouldn't mind having the current lawyers getting his cut...Just been a long long case. What if we lose? Will I be stuck with the medical, lawyers fee? I don't even know that, cause I don't have the binding contract...

    Any advise will help now that we are talking about this...Thanks.

  7. #7
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Binding Contract Missing

    By saying a "contract" with the lawyer and as it seems to be a personal injury case I would assume that it is a contingency contract. They only get paid if they collect. As the lawyers involved in the firm changed, etc. together with what seems to be some gross incompetence, it doesn't really matter as there is only the original contingency agreement and the law firm gets 40 percent usually. They can argue among themselves how it is split up, though it sounds like the previous lawyers did not do a thing. If they did, it should be in the file. But you shouldn't have to worry about it and there isn't a lot to be done. If you win, the lawyer gets the check, puts it into his escrow account and issues you a check for your share.

    Even if the agreement is missing, there isn't much you can do as the fees in a contingency are standardized in each state and he would still collect if you sued. And get serious, like you can afford to sue a lawyer and/or find another lawyer to do it.

    I just hope a civil action was previously filed before the statute of limitations runs out.

  8. #8
    Join Date
    Apr 2009
    Posts
    1

    Default Re: Binding Contract Missing

    Having the best criminal defense attorneys on your case makes a difference, and so does hiring a good DUI Lawyers can help much in your case. So if you are confident that the lawyer is really trying hard then you should pay him.

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