when i get an attorney do i have to.pay.him

Depending on the fee agreement you signed, you may have an obligation pay him (it's quite probable, in fact). If you don't pay, he may sue you for the money, but if he does, he'll probably have to prove that he did the work he's trying to get paid for.

Full Answer

How do personal injury lawyers get paid?

When you fire the lawyer, you have the right to determine whether the lawyer is paid according to the total number of hours worked on your case (this is called the “per diem rate”), or a percentage of the legal fee. In almost every case, the former attorney will insist that his work resulted in the most important contributions to your case and that he is entitled to a large …

What to do if your lawyer refuses to pay you?

Mar 11, 2019 · Essentially, the court can order the spouse in a superior financial position to pay a contribution toward the attorney fees of the other spouse. In considering the relative circumstances of the parties the court considers their respective incomes and expenses, as well as their cash available to pay counsel. For example, in a family law case ...

Should you spend money on another lawyer?

Dec 30, 2009 · You can fire your attorney at almost any time, and for almost any reason. Depending on the fee agreement you signed, you may have an obligation pay him (it's quite probable, in fact). If you don't pay, he may sue you for the money, but if he does, he'll probably have to prove that he did the work he's trying to get paid for.

What happens if a lawyer does not collect his legal fees?

What are the factors that determine the order of attorney fees?

The courts are directed to consider other factors when making an order regarding attorney fees, such as the conduct of each party and how that conduct promotes or frustrates the policy of law to promote settling cases, though these considerations point toward fee orders that are more like sanctions than need based fees.

How does a family law case work in California?

The California Family Code provides that in a family law case, the court can order one party to pay a contribution to the attorney fees incurred by the other party … where the making of the award, and the amount of the award, are just and reasonable under the relative circumstances of the respective parties. Essentially, the court can order the spouse in a superior financial position to pay a contribution toward the attorney fees of the other spouse. In considering the relative circumstances of the parties the court considers their respective incomes and expenses, as well as their cash available to pay counsel. For example, in a family law case where the husband earns $10,000 each month, and the wife earns $1,300 each month, the court could find that based on the relative circumstances of the parties, particularly the great disparity in the parties incomes, it would be just and reasonable to order husband to pay a contribution to wife’s attorney fees so wife is able to afford an attorney to represent her in the case. The court does this to achieve parity or a level playing field so that both parties have equal access to justice.

Why do courts level the playing field?

The court does this to achieve parity or a level playing field so that both parties have equal access to justice. This rule of leveling the playing field for parties to a divorce has at times resulted in the higher earning spouse being ordered to pay a contribution to the opposing attorney, leaving that spouse with little or no funds ...

What is the purpose of parity?

Its purpose is parity: a fair hearing with two sides equally represented. The idea is that both sides should have the opportunity to retain counsel, not just (as is usually the case) only the party with greater financial strength.

Can an adversary afford an attorney?

The Appellate Court goes on to warn that however, by providing for orders to pay money so that one’s adversary can afford an attorney, there is the paradoxical possibility that a court may effectively deprive the paying party of the ability to present his or her own case.

Can a court order a spouse to pay for attorney fees?

Essentially, the court can order the spouse in a superior financial position to pay a contribution toward the attorney fees of the other spouse. In considering the relative circumstances of the parties the court considers their respective incomes and expenses, as well as their cash available to pay counsel.

Jonathan A Millet

It sounds like you have a personal injury matter. Other attorneys may be a little reluctant to take your case (but that should not discourage you from finding another attorney) because most contingency fee arrangements provide that the attorney can charge hourly rates to recoup his work if you leave...

David Hamlin Madden

You can fire your attorney at almost any time, and for almost any reason. Depending on the fee agreement you signed, you may have an obligation pay him (it's quite probable, in fact). If you don't pay, he may sue you for the money, but if he does, he'll probably have to prove that he did the work he's trying to get paid for.