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Loren, Attorney
Category: Legal
Satisfied Customers: 33067
Experience:  30 years experience representing clients.
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If an attorney places a cap on their clients total fees and

Customer Question

If an attorney places a cap on their clients total fees and costs, in writing, on the condition their client accept a settlement the same day, ethical?
How about if the client agrees to the cap imposed by his counsel, accepts settlement as counsel suggests, and is notified shortly afterward, his counsel wishes to longer honor these terms post settlement? Is it ethical for my attorney to disregard his written consent to cap costs and change terms which equal 100% of payments provided me in the structured settlement, which now include the fees over and above those he agreed to cap?
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.It is not a violation of the canon of ethics to modify the retainer to provide for a cap if the client accepts a certain settlement offer. The parties can agree to a fee modification.The attorney may not, however, breach that modification after the client accepts the modification. That is grounds for a breach of contract action, as well as an ethical violation for which the client may file a complaint with the state bar.
Expert:  Loren replied 1 year ago.
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