Breach Of Written Fee Agreements

by Kristen White Blogger

Once an attorney-client fee agreement is drafted and signed, this agreement sometimes tends to have little attention. Just like any other written agreement that is meant to be binding under the law practice, this agreement is meant to provide an opportunity to address the potential issues that may crop up in offering legal services. When it comes to any agreement, it has to be done in writing and also to include the agreed-upon fees to be charged. In Tennessee, lawyers who work under a contingency -fee-based agreement should ensure to include how the costs incurred should be factored in when it comes to matters of client recovery after the settlement of the claim. What if this is not followed to the latter, can this amount to a legal malpractice claim?

Attorney-Client Agreements
While there are certain requirements needed when coming up with a fee agreement, there is no law stipulating what is to be included in the fee agreement. Besides, the fee agreement may be negotiable between both parties. Any legal malpractice attorney in Atlanta knows how malpractice is a threat to innocent clients. As such, they are committed to ensuring that any attorney who breaches their fiduciary duty is held accountable. As a client who wants to have attorney services, one should keep in mind that:

1. The fee agreement is there to set the responsibilities of both parties and their scope of the engagement.
2. In the case of any breach of fiduciary duty, the written fee agreement can explain the scope of your case and help prevent your attorney from having any solid grounds to defend their position.
3. As a client, you need no to have a written fee agreement to establish that there is an attorney-client relationship to pursue a legal malpractice claim

It’s illegal for any lawyer to enter into an agreement and afterward collect an unconscionable fee. To determine the latter for the purposes of holding your attorney accountable, the below questions must be considered:
1. What was the fee agreement? Was it proportionate to the amount of services that were offered?
2. Is there any technicality of the questions involved and the skills requisite to lender the legal service accurately. This could boil down to the experience or reputation of the attorney offering services.
3. What were the results obtained?
4. Is there any time limit that was imposed by the client?
5. Were the terms of fees fixed or on a contingency basis
To have a clear understanding of the above, you should consider having a legal malpractice attorney in Atlanta who can protect you by providing the right remedy. This would probably even not require you to hire another attorney.

When The Attorney-Client Dispute On Fee Agreement Arises
Any existence of a fee dispute denotes that there is a breakdown of the attorney-client relationship. Whether or not there is any dispute that may arise to legal malpractice, a claim will start if the client has the question of, “can I sue my attorney?” In some cases, the issue of setting fee parameters is not complicated. In others, legal fees are set up by the demands of the clients. Additionally, there are cases where a client may raise concern even if there was no fee agreement. If you have any dispute concerning your written fee agreement, you may be pondering on the question of can I sue my attorney? The best way to know whether you have a claim would be to look for experienced legal malpractice lawyers. They understand how an attorney may exceed the scope of a fee agreement or those who fail to follow what is outlined in these agreements.