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Answer: Your attorney was negligent in not drawing up a contract before starting representation on a new matter. At the very least, he should have mailed you a letter or memo of understandingj.
It's never too late to draw up a contract, and you are being brilliant by bringing this up before your case settles or has an order imposed.
Here's what I suggest that you do. Prepare a signed, dated letter to the attorney. List the terms that you understand will apply in the matter. You may want to use your original agreement as a model, or look online for information about what is typically in attorney/client agreements (note that they will be different if hourly or contingency).
For example, you'd have things such as:
When you began my representation, you forgot to have me sign a new agreement. Please either sign this agreement or prepare and send me your own representation agreement for my review.
It is my understanding that when this case resolves, I will pay you:
1. 33% of any settlement or attorney fees ordered by the court against the defendant, whichever is greater;
2. All costs incurred;
3. Any other costs ordered by the court.
Sign and date the letter, and put in a signature/date place for the attorney. Yes, you're doing his job, but you're also protecting yourself. I'll bet he sends you an agreement as soon as he receives this. Meanwhile, he's on notice that the terms that are your understanding may be different from his.
You may want to send the letter certified, return receipt mail ($5.50 or so), to have proof that you sent it. No matter how you mail it, keep copies of everything in case you ever have to file a bar complaint or a dispute arises.
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