how long to wait after a letter of engagement lawyer

Full Answer

How to write an engagement letter for a lawyer?

A proper engagement letter does more than establish how the lawyer will be paid. In fact, Rule 1.5 (b) provides that, at the beginning of the representation, you must memorialize in writing three essential items: (1) the scope of the representation; (2) the basis or rate of the fee; and (3) the expenses for which the client will be responsible.

Is an engagement letter the best way to avoid a dispute?

But the well-drafted engagement letter still is one of the best means available to minimize, or even avoid, the financial and reputational risks of disputes with clients. Marcy Tench Stovall is an attorney in the Professional Liability Practice Group of Pullman & Comley LLC.

Do the terms of the engagement have to be in writing?

Our state’s version of Rule 1.5 (b), unlike its Model Rules counterpart, requires that the terms of the engagement be in writing.

Can a lawyer negotiate in the middle of an engagement?

It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement. Courts and bar associations will review such “negotiations” for evidence that the attorney asserted improper leverage. You should not feel compelled to pay your lawyer more than what you agreed to pay him.

What does an engagement letter mean?

A well-written engagement letter can mean the difference between a dismissal of a grievance complaint your former client files against you and a finding of probable cause on the complaint, or the difference between getting summary judgment and the court finding a triable issue of fact in the malpractice action.

Why do lawyers resist written engagement agreements?

Lawyers often resist detailed written client engagement agreements because of the fear that a potential client might be turned off by its length or by the self-protective (“CYA”) nature of the document. And it is true that a comprehensive engagement letter does not, and cannot, inoculate the lawyer against claims by a dissatisfied client. But the well-drafted engagement letter still is one of the best means available to minimize, or even avoid, the financial and reputational risks of disputes with clients.

Why is it important to clarify the fees in an engagement agreement?

Clarity in the fee provisions of an engagement agreement is essential because so many malpractice claims arise only when the firm seeks to collect an unpaid fee.

What is the risk of including such language in the engagement agreement?

The risk of including such language in the engagement agreement is that it could be construed as an enforceable guarantee of success, promise of staffing, or the law firm’s assumption of a standard of professional care higher than “ordinary.”. It also may unreasonably elevate the client’s expectation of success.

What is the most important provision of an engagement letter?

From the risk management perspective, the most important provision of the engagement letter is the first requirement: defining the scope of the representation. You should use the engagement agreement to establish exactly what tasks your law firm will undertake for the client, and each engagement agreement should include a description specifically tailored for the new client matter. And when taking on a new matter for an existing client, you also should describe in some form of writing—an e-mail message will suffice—the scope of the new matter.

What is a non-engagement letter?

The Non-Engagement Letter. When you decide not to represent someone, it is a good idea to write the prospective client confirming that you have declined the representation and that your firm will not perform any services in the matter. The “you-are-not-a-client” letter should also confirm that the firm received no confidences ...

When you have a new client, or take on a new matter for an existing client, the terms of the

When you have a new client, or take on a new matter for an existing client, the terms of the engagement should always be in writing. This is not just a matter of adhering to Connecticut’s Rules of Professional Conduct, it also is a “best practice.”

2 attorney answers

You can cancel the engagement of an attorney at any time. If the attorney has begun working on your matter, he/she would be entitled to reasonable compensation for the work that has been done. Since there is a relatively short time period involved here, that might not be very much.

James P. Frederick

Unlike certain kinds of consumer contracts in some states, you are not entitled to cancel within a certain period of time to void a contract such as this in Virginia.

Glen Edward Ashman

You should call the attorney to discuss her bill. If you were not told there would be a charge for the time she spent prior to your hiring her, and the attorney will not take off her pre-engagement charges based on a phone call with her, you should seriously consider firing that attorney.

Noel H. Benedict

As the previous response suggested, this is a fee dispute and not an ethical issue. Depending on what you agreed to in the fee agreement or in the original consultation, the attorney may or may not be entitled to bill you for the time. As to the suggestion of fee arbitration, if the difference is substantial, you could try...

Randall M. Lipshutz

What did you agree to before the first consultation? Was it a free consultation? If nothing was said about consultation charges, what does the contract state about billing beforehand? If the contract is silent and you have concerns, contact the Georgia Bar about your billing dispute.

Should a Lawyer Charge for Drafting an Engagement Letter

My question involves legal malpractice in the state of: Florida. I've engaged a lawyer to do a small piece of work. At our first meeting he asked me to sign an engagement letter, which was normal enough.

Re: Should a Lawyer Charge for Drafting an Engagement Letter

My question involves legal malpractice in the state of: Florida. I've engaged a lawyer to do a small piece of work. At our first meeting he asked me to sign an engagement letter, which was normal enough.

Re: Should a Lawyer Charge for Drafting an Engagement Letter

If the attorney did the work to produce the engagement letter during the time for which he billed you $150 then s/he is likely in violation of professional ethical standards. Whether common or not, an attorney cannot ethically charge twice for the same work or charge an hourly fee for work already charged for as part of a fixed price consultation.

Re: Should a Lawyer Charge for Drafting an Engagement Letter

My question involves legal malpractice in the state of: Florida. I've engaged a lawyer to do a small piece of work. At our first meeting he asked me to sign an engagement letter, which was normal enough.

Re: Should a Lawyer Charge for Drafting an Engagement Letter

I paid the small $2500 retainer at that time - as I say, it was a small piece of work. On the first billing I received the attorney billed 30 minutes for drafting the engagement letter. The amount of money is not large, since he charges $300 an hour. It amounts to $150. However, it was done during the hour I paid him for.

How do attorneys set their fees?

Attorneys set their fees based on a number of factors, including the amount of work the attorney will need to do for your case and the complexity of the case. Some factors that determine the amount of the fees are: 1 The billing rates for each level of professional working for your business, based on each person's experience, specialty area, and their level (partner, associate, paralegal, for example) 2 Novelty and complexity of the issues 3 The difficulty of problems encountered 4 The extent of the responsibility involved 5 The result achieved, and 6 The efficiency of the work, and customary fees for similar legal services. 1 

How often should an attorney keep a retainer?

All amounts for time and charges are taken from the retainer, and the attorney should give you an accounting of activities each month, including the amount left on the retainer.

Why do you pay an attorney on retainer?

For example, you may want an employment attorney on retainer to help you deal with issues that come up with employees. A retaining fee is a deposit or lump-sum you pay in advance.

What happens if you don't pay your attorney?

What happens if you don't pay? The attorney might charge you a service fee or interest on the overdue balance or take out a lien on your documents or other property the attorney has. In other words, you won't get your stuff back until you pay the attorney's bill in full. The agreement with your attorney should spell out the attorney's right to charge you for non-payment.

Do lawyers put their fees in writing?

An attorney should give you a description of their fees, preferably in writing, and some states require that lawyers put their fees in writing before taking a case. You should also see details of fees for services like copying documents, court filing fees, or research costs.

What is a lawyer's agreement?

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.

What happens if you don't collect a lawyer's fees?

Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract.

Why do lawyers give bonuses?

Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.

What to do if your lawyer is unwilling to discuss your bills?

If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.

Where does a lawyer have to keep money?

Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.

Can an attorney use information learned during the course of the attorney-client relationship to apply pressure on a client for payment

Moreover, a lawyer cannot use information learned during the course of the attorney-client relationship to apply pressure on a client for payment. Exceptions to this rule apply in attorney fee litigation and malpractice disputes, as the attorney can reveal information as necessary to defend himself or his fee.

Can a lawyer negotiate a fee increase?

It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement. Courts and bar associations will review such “negotiations” for evidence that the attorney asserted improper leverage. You should not feel compelled to pay your lawyer more than what you agreed to pay him.