OK. I've found it and reviewed it.
1 “The parameters of our professional relationship are entirely controlled by the terms of our fee agreement. I have no obligation, under those terms, to participate, or to assist you in any way, in trying to collect from D
Regarding contingency free agreement that you refer(after three years) as only our professional relationship as legal fees the”-monies” shall distributed between me and you, if you do not collect any judgment there are no fees due to you. Concerning same agreement you should ”provide legal representation to clients, through trial ,arbitration or settlement..”
What is your opinion and advaise
A: My opinion on this is that he is correct, except for the fact that he has collected some of the money and has not distributed any to you. I imagine he is think that his fees come out first of whatever he collects and then he will distribute it to you. However, it's hard to tell what's going on when he won't disclose what he has collected yet on the judgment.
I agree with him that he is not responsible for collecting on the judgment. However, if he has partially collected, then there is something wrong with the scenario. It seems to me that he is only entitled to his portion of what is collected. So, again, my advice is to request a written accounting of his collection efforts to date to see what money he has received and where it has gone.
2. Regarding subject collection attorney :"MY DUTIES ENDED WHEN I OBTAINED A JUDGMENT “ Judgment we received in April 15,2011.
My answer: Regarding schedule in settlement agreement (signed May 10,2010) that was for period two years(2010- 2012) as well as schedule payment from (2012-2013 ) that you drafted yourself (without my involvement) for ‘D ‘you was actively involved in “collect “ monies from him and never for three years point out that you do as favor for me .And the fact that you did continue on and made efforts to collect, regardless what the contingent fee agreement stated I understood that part of your job is representing me was to not only get the judgment but to make sure it was paid to me and keep your interest as well ( during THIS TIME HE collect ALREADY 60 %his payment )
What is your opinion and advise regarding my answer
A: This is an interesting point. If he undertakes voluntarily efforts to collect on the judgment, then he has expanded his duties under the attorney-client agreement and represents you in this matter as well. I think that means that in those collection efforts, he owes you a duty of loyalty. I do not think, however, that this means you can demand that he continue the collection efforts. I think he is free to stop if he wants to.
But NO MATTER WHAT HE OWES YOU YOUR SHARE OF THE MONEY HE'S COLLECTED.
3. “ l am not going to send D new payment schedule, or to use some other tactics beyond the voluntary assistance I have been giving you as a favor, go ahead and do it or get a lawyer to do it for you. No one is stopping you.”
In mean time he indicate that he will file an attorney's lien on the judgment to his portion of any monies that I could collect from D
It is really I could consider as a favor negotiate with D defendant. Does he should send him confirmation ?
What is your advise
A: Well, he's right in that you can collect on the judgment yourself. He's also right that his contingency fee agreement entitles him to a lien on any amount you collect. If you collect on it, yes, you are doing him a favor (just the same as he is saying he's doing you a favor). In reality, both of you have an equal interest in the collection, so it's not really a favor at all. In regard to the confirmation issue, it's up to you guys whether you confirm with each other or not. There are no written rules on this. So if you make a deal with the Defendant, it would be smart of the defendant to tell the lawyer because the Defendant will want the judgment released if he pays it off to you.
4. What is different between contingent fee agreement and fee agreement ?
Contingent fees are payable by their terms only if the lawyer wins the case and collects. A regular fee agreement is paid like a regular bill, the lawyer does the work and then you pay him.
5.. Collection work after default which required experience and “collection” according the schedule in settlement agreement has different concepts( notions)
Not sure what you mean here exactly. But in general, collection work is different from litigation
work. It's a different part of law and a different issue altogether than the one's faced prior to obtaining a judgment.