Verbal agreement

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Latest post Sun, Dec 25 2011 3:01 PM by skidoddle. 10 replies.
  • Thu, Jun 2 2011 12:08 PM

    • WalterName
      Consumer
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    • Joined on Sat, Apr 16 2011
    • IL
    • Posts 6

    Verbal agreement

    I had an attorney to assist me with the settlement and we verbally agreed on her fees out of this settlement. There was no agreement, no settlement, and now she's asking to be paid for the hours she worked. 

    How is this regulated when there is no written agreement?

  • Thu, Jun 2 2011 12:12 PM In reply to

    Re: Verbal agreement

    WalterName:

    I had an attorney to assist me with the settlement and we verbally agreed on her fees out of this settlement. There was no agreement, no settlement, and now she's asking to be paid for the hours she worked. 

    How is this regulated when there is no written agreement?

    A verbal agreement is just as enforceable as a written agreement.

    Unfortunately, the terms and conditions of a verbal agreement are harder to prove.

    What were the specific terms of the verbal agreement and how is that different from what she is asking for now?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, Jun 2 2011 1:18 PM In reply to

    • WalterName
      Consumer
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    • IL
    • Posts 6

    Re: Verbal agreement

    There were no specifics of the agreement.  She just said the percentage/amount she wants from the settlement, but only if the case was settled, it didn't included and was not discussed going to trial.

  • Thu, Jun 2 2011 2:05 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: Verbal agreement

    Absent some specific understanding of what would happen if there was no settlement (like a signed contingency agreement) she may be entitled to a reasonable rate for the time she spent.

  • Thu, Jun 2 2011 2:56 PM In reply to

    Re: Verbal agreement

    WalterName:
    There were no specifics of the agreement.  She just said the percentage/amount she wants from the settlement, but only if the case was settled

    That's what the "specifics" are.

    WalterName:
    it didn't included and was not discussed going to trial.

    General contingency rates are 30% if settled without going to trial and 40% if it goes to trial.

    So, what are you saying?

    That it didn't settle and IS going to trial or that it didn't settle and ISN'T going to trial?

    How does the lawyer explain that she is "billing for hours"? Did you ask? What did she say?

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, Jun 2 2011 8:04 PM In reply to

    • WalterName
      Consumer
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    • Joined on Sat, Apr 16 2011
    • IL
    • Posts 6

    Re: Verbal agreement

    I din't ask her to explain the hours billing.  She just send me that in writing, but she has never before mentioned that to me.

    The case was not settled and is not going to trial.

  • Thu, Jun 2 2011 9:26 PM In reply to

    Re: Verbal agreement

    WalterName:

    The case was not settled and is not going to trial.

    Why isn't it going to trial?

    That's important.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Jun 8 2011 3:11 PM In reply to

    • WalterName
      Consumer
    • Not Ranked
    • Joined on Sat, Apr 16 2011
    • IL
    • Posts 6

    Re: Verbal agreement

    I can not afford it to go to trial and she knew about it and was fine with that.

  • Wed, Jun 8 2011 5:55 PM In reply to

    Re: Verbal agreement

    WalterName:

    I can not afford it to go to trial and she knew about it and was fine with that.

    Doesn't mean you don't have to pay her for her services.

    You're the one preventing her from earning her contingency fee so you owe her for whatever work she's already done.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sun, Dec 25 2011 3:01 PM In reply to

    • skidoddle
      Consumer
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    • Joined on Sun, Dec 25 2011
    • CA
    • Posts 2

    Re: Verbal agreement

    There is not enough information to make a decision or recommendation concerning your agreement. If it is all verbal frankly it was the attorney's responsibilty to discuss the verbal agreement with you and then to really put it into writing. The attorney has a higher position of legal knowledge and also ethics. Without putting the contract in writing (contingency) then coming back to you for hourly fees is problematic for any attorney. What is the Credo>>get it in writing. But then again I do not know the details of your verbal agreement. But the fact remains it was verbal and very disturbing that a licensed attorney did not get a written agreement from you so that in and of itself is problematic. In my humble opinion. Sounds like bait and switch to me. How did you the attorney know the details of the written agreement? Did he or she write them down!!!?? See my point in this.

    SKI

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