The answer is yes. An attorney can sue a client for non-payment of fees in a breach of contract lawsuit. Since I was a criminal defense lawyer, my clients had a good chance of getting sentenced to prison. I always had a third party, like a spouse or parent, sign the contract as well.
If a client fails to pay what was agreed upon, it is grounds for the attorney to dismiss him or her, especially in the pre-trial phase. The attorney must give a client prior warning before dropping the case, and if non-payment is the issue, the client must be given the opportunity to get caught up.
Contact Your County or State Bar Association
For example, the State Bar of California provides assistance to those who can't afford a lawyer. They collaborate with legal aid groups to help low-income individuals, including seniors, people with disabilities, and the homeless.
Unfortunately, when clients do not make timely payments, or simply refuse to pay your bill, lawyers are put in the position of possibly having to file suit to collect their fees.
A contingency fee lawyer doesn't charge upfront, taking a fixed percentage of the settlement money they win for their client. A pro bono attorney is a good choice if you're indigent or financially needy and going through a civil case like a divorce.
Usually you must pay all costs immediately, but some lawyers will add them to their monthly bill. If the lawyer is working for you on a “contingency basis,” then costs might be at the end of your case.
Your non-response to the demand letter from an attorney may be considered evidence of intentional wrongdoing or willful violation of the other party's rights. Moreover, penalty provisions and attorney's fees may substantially increase the amount you owe.
Legal aid is an umbrella term for any service which provides legal assistance to those unable to afford it otherwise. These services vary significantly based on location, but all should provide pro bono—a Latin term meaning "for the public good"—services.
Lawyers are ethically bound to inform their clients in writing if they intend to withdraw from the case. They must inform you of any upcoming statutes of limitations which might need to be protected (if a lawsuit has not yet been filed or served) as well as other court-mandated deadlines or filing requirements.
As is the case with every regulated profession, a career in law demands a very high degree of professional care. Any time an attorney fails to meet the expected standards of his or her profession, their clients could take legal actions against them for what is called “legal malpractice.”
This distressingly common problem doesn't have an easy solution. A lawyer who doesn't return phone calls or communicate with you for an extended period of time might be guilty of abandoning you, which would be a violation of attorneys' ethical obligations.
You won't face jail time for not paying your lawyer. However, an unhappy lawyer will not give you the time or effort he should. He expends that time on clients who've paid. Your lawyer will give your case the same effort you gave him for paying his fee…
Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.
The law is clear that a lawyer cannot turn against their client, and any violation of this guideline can invite a stringent investigation from legal authorities. Accusations of treachery are taken seriously and may warrant criminal prosecution to ensure justice is served fairly.
Writing a demand letter is important because it helps the sender outline their case, show they've made an attempt to resolve the issue outside of court, and in some situations, fulfill the necessary court requirement before filing a small claims case.
Your Lawyer Breached the Contract
A breach occurs when an attorney fails to do something he or she agreed to in the contract, such as filing a deed or patent. A valid breach of contract claim exists if an attorney was contractually obligated to do something and did not.
Moreover, some states have specific timeframes; for instance, California has a 30-day rule for medical liens. The check must also clear at the bank, which can take several days.
Hourly basis: A lawyer who works with you on an hourly basis will charge you for each hour of the time they give you. Hourly rates will vary depending on the layer and your case but can range anywhere from $199 to $295 per hour.
Ontario follows the 'loser pays' rule. At the conclusion of litigation, the Court usually makes a 'costs award'. A costs award is an order by the Court that one party (usually 'the losing party') must pay the other party (usually 'the successful party') 'a portion of the successful party's legal costs'.
Some attorneys and law practices are willing to file lawsuits to recover unpaid attorney fees and unreimbursed out-of-pocket expenses. Others, however, may have adopted a “never sue a client” policy.
While we sympathize with these clients and will do what we can to point them in the right direction or help them in whatever ways we can, we do not have the authority to press criminal charges against individuals.
Attorney misconduct may include: conflict of interest, overbilling, false or misleading statements, knowingly pursuing frivolous and meritless lawsuits, concealing evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the ...