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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My attorney is refusing to go to trial unless i pay m a

Customer Question

My attorney is refusing to go to trial unless i pay him a considerable amount of money to do so. He only just sent me a bill for the last several months, and I had no idea what i was going to owe him. I can not come up with this kind of money on such late
notice. What is the responsibility of the lawyer.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I live in San Mateo County, you do not have a category for civil cases in CA
Expert:  LegalKnowledge replied 1 year ago.

Good afternoon. I certainly understand the situation and your concern. Is he trying to charge you more then the agreed upon hourly rate at this time? Was there a trial fee mentioned in the retainer agreement?

Customer: replied 1 year ago.
No there was not, 100 per hour and 25% contingency. However, he never sent me any billings, although I was paying him 1000.00 per month.Now he presents me with a 30,000 bill, and refuses to go to trial unless he is paid, he said he will have to take a month off to prepare. I understand there is a lot to do to get ready for trial, however, he has been working on this case for 5 years.
Expert:  LegalKnowledge replied 1 year ago.

Thank you for the additional information. A $30,000 bill is a lot and he should have been sending you bills along the way and updating you about the cost incurred. If you were paying $1000 a month and now owe him $30,000, he should have placed you on notice. If you do not pay, he can file a motion to withdraw and it will be up to the Judge to decide on to allow it, at this point, after 5 years. Moreover, you may want to work with him and modify the retainer agreement at this point and if he thinks you have a good chance to win at trial, increase the contingency so you will not have to pay him and come out of pocket on the trial fee. The agreement is going to control, so if this was all addressed, it would be binding and after 5 years of work, for him to now withdraw, would be very bad timing, after all the money you paid. Of course, if it gets that far, you would then need to consider filing a bar complaint against the attorney and if he wants the bill paid, settle that as well

Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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