- 1.1 Why you should have a Written Representation Agreement
- 2.1 Can a Lawyer Represent You Without a Contract?
- 2.2 Can a Lawyer Charge You Without a Contract?
- 4.1 Representation Terms
- 4.2 Costs and Fees
- 4.3 Non-financial Liabilities
- 4.4 Violations of Contract
- 4.5 Ending Terms
Are Representations Written or Oral?
Written representations are important, binding, and easy to recall and examine should the need arise. A written representation of your agreement with your lawyer is important even if you believe your case to be simple or straightforward. This fee agreement outlines details that one or more parties may forget, and establishes trust between attorney and client. You should always ask your attorney clear questions before hiring, and establish transparency between yourself and your legal representation.
Why you should have a Written Representation Agreement
Accountability is important, and with a written fee agreement you can ensure that nothing is forgotten. As with most things, the chief cause of disputes between any client and their lawyer is monetarily related. You don’t want any confusion over fees, such as what your attorney is owed or if you’re owed a refund for services. Written contracts make it easier to resolve both simple and complex disputes, and most importantly without court intervention. When a dispute arises, it’s easy enough to point to the written contract and resolve things there. With your attorney representation agreement or fee agreement, you can have the contract settle any disagreements.
Beyond financing, there are other reasons to sustain your written representation agreement. You’re allowed to have stipulations for representation in your case, such as including terms that only allow licensed attorneys to cover your case and not paralegals. You can use your written representation agreement to outline exactly how you want your case to be handled, such as defining the relationship between client and attorney. Clients that seek more hands-on representation may wish for consistent updates via calls or text. This way, you are never missing out on an important change in the case that the attorney may overlook.
Also, finalizing any agreement in writing allows both client and attorney to lay out very transparent expectations as the case unfolds. Oral representation agreements can be messy and are too open to reinterpretation. Written representations are explicit and make both sides aware of the full terms of the contract, reducing misunderstandings and keeping both client and attorney on the same side.
What can a lawyer do without a Representation contract?
There are still some services a lawyer can provide their client without a representation contract, and in some cases services may be rendered before the client is even aware. The relationship between attorney and client may begin anytime the client has a reasonable belief that an attorney-client privilege has taken place, even without directly being hired. Attorneys are typically very clear about whether they are representing a client because some conversations can accidentally lead to attorney-client privileges. This may lead to casual representation, and some clients may even attempt to hire an attorney outright based on hourly fees before a representation agreement is made in writing.
Can a Lawyer Represent You Without a Contract?
Any respectable attorney will discuss contract terms with you as soon as possible. Attorneys know how to handle conversations about representation, written agreements, and client-attorney privileges, and should always be transparent with you about costs, representation, and any additional court fees. If you feel like the relationship you are building with your prospective attorney is reaching the point where a clear agreement should be outlined, you should request one. Representation without a contract is not a good idea for either the client or the prospective attorney.
Can a Lawyer Charge You Without a Contract?
A lawyer may charge you without a contract, such as an hourly fee. The legal work you need may be accomplished via an attorney fixed fee, contingency fee, or your lawyer’s hourly rate. If your attorney charges an hourly rate, make sure you ask for their rate prior to hiring them or working out any other details. There might also be additional attorney rates at the firm for any lawyers that participate in your case. You may want a copy of the firm’s fee schedule, and any other fee agreements with the support staff or paralegals. Before beginning with your attorney, it’s a good idea to have some caution, especially if you are paying for new lawyers, law clerks, or other employees.
Your case might require legal research, and you might want to inquire into the specific areas your case could be researched and how long that research might take. Your attorney may bill you for research that a more specific professional in that area might not have to do. This is why it’s important to always have a written attorney representation beforehand—you won’t be surprised by any additional fees, charges, or rates.
Can I Fire My Attorney if I Signed a Contract?
You can fire your lawyer at any time, though the contract you signed may have some stipulations for services rendered and fees unpaid. Firing your attorney is a personal decision and one that should not come lightly. There may be good reasons to fire your attorney even if you signed a contract, such as if you notice any unethical behaviors. If you ever question your lawyer’s standards, or you’re unhappy with their services, or there are personal reasons for letting them go, you shouldn’t think twice about finding a new attorney to represent you. The lawyer you find may not have your best interests at heart, and this is why it’s a good idea to hash out the attorney representation agreement ahead of time. You can include, in writing, any stipulations you might have about behavior or representation so that when it comes time to let them go there are no additional difficulties.
