How does attorney fees work for non criminal matters?
Wednesday, April 15th, 2009 at
6:44 am
Reflexions P asked:
I asked this question in a different way, and I neglected to explain that it’s not a law suit case, so ‘contingency’ is probably not an option.
My question is: If a potential client doesn’t have the entire retainers fee up front for an attorney, cheap Propecia is there a way that an attorney can start representing the client with some sort of a guarantee that he/she will be paid? Is there a form of written agreement that can be drawn up between the attorney and the potential client?
I asked this question in a different way, and I neglected to explain that it’s not a law suit case, so ‘contingency’ is probably not an option.
My question is: If a potential client doesn’t have the entire retainers fee up front for an attorney, cheap Propecia is there a way that an attorney can start representing the client with some sort of a guarantee that he/she will be paid? Is there a form of written agreement that can be drawn up between the attorney and the potential client?
Tagged with: Attorney Fees • Contingency • Criminal Matters • Retainers
Filed under: Lawyer FAQ
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This is done rarely.
What some lawyers do do is acquire a security interest in a client’s personal property. Because this is a hassle, they usually do not do it. A security interest is like a mortgage, but it can work for anything: your car, your TV, your jewelry, your crops, your retirement account. If you don’t pay your loan, the secured holder can take whatever is secured be it your house in a mortgage, your car, business etc.
Like I said, this is a real pain to handle and most attorneys don’t want to bother with it. The law is complex and some attorneys even specialize in collecting funds from clients or defendants who refuse to pay. Some attorneys even show up at bars at 2 am with sheriffs to seize money in cash registers to cover outstanding legal judgments.
Some attorneys will take credit cards. If they aren’t hurting for work, they have no need to take a risk on a client who may not be able to pay them. Depending on the statute of limitations, it may be possible for the client to save up for a retainer. If the client puts $1000-$4000 down, the attorney may be more willing to agree to a payment plan.
An attorney is free to draw up a contract that allows for a certain amount down and certain amounts to be paid at various intervals. Some attorneys will do this with certain types of matters.
It is virtually never done in bankruptcy cases and it is reluctantly done in cases involving the courts as there is no guarantee that the attorney will be allowed to exit the case should the client not pay.