Are you like me, when you saw the retainer agreement (or representation agreement) you kind of glanced at it and then pulled out your pen and signed it but still had no idea what was in it.
DON'T DO THAT! WHAT ARE YOU--AN IDIOT?
That agreement is like the constitution of your relationship with your lawyer. If you agree to certain actions in that retainer agreement, then you are stuck with it. You can't complain about it later.
What I love is the retainer agreement I signed which was written in the form of a letter so I wasn't clear that it was a retainer agreement. Still the section I signed stated "Agreed and consented to:" That was a good one.
Another one states that the lawyer has the right to withdraw from the case "if you fail to follow my advice." Oh, so if I don't do what I'm told, you have the right to withdraw. So you, as my lawyer, get to go off and do as you please, and I get to pay you. Right!
And, now that we are talking about paying, the retainer agreement should state exactly what the terms of payment are. Read those terms to be sure that you agree with them before you sign. Some lawyers will do things like charge you for an hour if you take fifteen minutes of their time.
Also, there can be a clause that goes like this "Should you receive any cash property settlements as part of your case, you agree to have those monies deposited into my trust account. You give me the authority to pay any balance due me out of these monies before transferring the balance to you." This is not such a great plan. Believe me, you won't like it. See what you can do to get out of it.
If you sign an agreement with an LLC, where the lawyer signs as a member of a corporation, basically this means that if they act improperly you have no right to collect damages if you sue for malpractice.
Also, particularly if you sign with a corporation make sure that you write into the agreement very specifically who will be working on your case, otherwise, you could have all sorts of people you don't even know pitching in and costing you more money.
Lawyers can and will put all sorts of clauses into their agreements so read them carefully before you sign. In a way, they are interesting because sometimes they tell a story about the trouble they have had in the past and what they intend to do about it should you cause them that trouble! Maybe if they were such idiots in the past, you don't want them for the future.
Basically, when it comes to your retainer agreement see if you can get rid of what you don't like and write in what you would like. If the lawyer or lawyers won't let you do so, you've got to ask yourself if you really want them representing you.
Ultimately, it's your representation! It's your money! And, most important, IT'S YOUR LIFE!
I've got to say this is one of my more helpful posts. I hope folks really pay attention to it, because I learned this information through very difficult experiences and if you can avoid trouble by reading it, all the better for you!
ReplyDeleteOooh, Cathi, you really hate lawyers, don't you? I guess you have had a bad experience or bad experiences so I won't judge you. I think you are right. People need to be careful with these agreemetns and it goes both ways, the lawyer and the client. Bad people are bad people whether they are clients or lawyers and so both sides should REALLY understand what they are getting into and really evaluate if they are a good fit before doing business together. As a lawyer, I have been screwed by clients in the past. I try to be a good human being in my life, but sometimes you come across people who want to exploit you and think they can get away with it just because of the reputation they think lawyers have. It's a stereotype really. But the other side of the story is true where there are lawyers who have taken total advantage of their client. And there are circumstances where the two parties (lawyer and client) should never have hooked up because they are just incompatible. It's not unlike marriage and divorce. You have to choose the right one. And there are two sides to the story. I did a post last night about how to get out of the case on Divorce Saloon (for lawyers :) ) you should check it out. But I think I already know what your response will be.
ReplyDeleteAnd I get it.
But definitely, this relationship goes both ways and both sides need to be careful about what they are getting themselves into. No doubt about it.
It sounds like wise advice that has come from the mouth of experience. I'm sorry to hear that you had to learn these things the hard way.
ReplyDeleteI am a Certified Divorce Financial Analyst and one of the things I do is guide folks to make wise decisions in divorce, including the selection of your divorce attorney. The right attorney can be your greatest ally, the wrong one may make you want to divorce your spouse and your attorney too!
If any of your readers are interested, I have a free gift to help when interviewing attorneys - 37 Critical Must Ask Questions BEFORE Hiring a Divorce Attorney! Get if here - www.SaveMoneyInDivorce.com
All the best...
Lisa C. Decker, CDFA
www.DivorceMoneyMatters.com
Hey Lisa, I see you have found my blog friend Cathi, probably through a link from Divorce Saloon. That is awesome. I want to be a part of a community of people who are connected in whatever small way in trying to bridge the gap between the legal system and lay people, and also, to provide information and support.That is the whole point, isn't it? That is why it is called the Web. And I hear what you are Cathi are saying about the importance of knowing what you are getting into. I can also speak from the perspective of the lawyer though, and I've been burned. I have really been burned. So I say, if there is something in the retainer the client can't agree to, don't sign the retainer. Walk away. And for the lawyer, if there is something that is important to protecting your individual rights and interests that the client won't agree to, then walk away. This relationship is too delicate and too full of peril to do otherwise. Both parties, both litigants and lawyers (especially the young green ones starting out) need to be very, very CAREFUL.
ReplyDeleteJeannie
Divorce Saloon
Just a note re Lisa Decker, I'd say it makes good sense to speak to a financial analyst before embarking upon a divorce which can end up being the most devastating financial blow you ever experience in your life, particularly if you are a woman.
ReplyDelete