The Attorney-Client Fee Agreement

The California State Bar requires a written attorney-client  agreement if the fees will exceed $1,000.00.   Even if you are not sure what the total fees will be, it’s a good idea to always ask for a written fee agreement in all situations.

Even if your attorney did not prepare one when you started the case, you may ask for one now.   Among other things the fee agreement should include the following information:

1.  The name of the client.

2.  The legal service(s) to be provided.

3.  The hourly rate of the attorney.

4.  The amount of the retainer.

5.  Whether there is any non-refundable fee.

6.  Whether the attorney charges by the task or by actual time.

7.  Whether there are any “minimum” charges.

8.  Whether the attorney carries malpractice insurance.

Do not sign the written fee agreement until you have read it carefully.  While it is common for a potential client to skim the document quickly and then sign, there is nothing wrong with taking the document home so you can review it in more detail.  If there is anything in the proposed fee agreement you don’t like, talk to the attorney.  If you and the attorney cannot come to an agreement as to the language of the agreement, find another attorney.

Once you have signed the written fee agreement make sure you receive a signed copy for your file.  The attorney generally retains the original.

A written agreement can protect both you and your attorney. For example, I had a client years ago who balked at paying for telephone calls he had with me because the fee agreement I used at the time did not specifically include telephone calls.

http://www.RobertBuschLaw.com

Death and Divorce

Several years back I was retained by a very kind woman for the purpose of obtaining a divorce from her husband.   My client and her husband owned their residence as joint tenants, meaning the survivor of the two would receive 100% of the property.

Under current California law if either spouse dies before the divorce is final, and they owned property as joint tenants, and there was no settlement agreement, the survivor takes everything.  Most people agree this isn’t right, but that’s the law.

Fearful her husband would have someone try to hurt or kill her, my client instructed me to sever the joint tenancy to the community residence.  I advised her that if he died first she would get the whole thing.   My client was willing to take her chances and the property was transferred to my client and her husband as tenants in common, meaning each could dispose of their half of the property any way they wanted.

As luck would have it, my client’s husband died suddenly.  However, she still felt she had done the right thing.

It is also important for everyone getting a divorce to have, at a minimum, a new will, durable power of attorney and advance health care directive prepared.  Failure to do so could result in the soon-to-be ex-spouse having control over you and your property in the event of your death or incapacity.

Actions have consequences.  So does inaction.

http://www.RobertBuschLaw.com