Menu

Showing 3 posts in Agreements.

Time to Update Your Client Arbitration Agreements (Pt. 1)

Many attorneys have been using the same engagement agreements for decades designating standard commercial providers such as the American Arbitration Association to resolve client disputes.  In recent years some have learned the hard way that their agreements do not comply with consumer protection rules that have developed in recent years.  The failure to incorporate new standards into fee agreements means not only that non-conforming provisions will be deemed unenforceable.  In some cases attorneys will find that their arbitration agreements are wholly unenforceable. More ›

Voluntary Withdrawal Without a Specific fee Agreement can be Costly

In Winston v. Guelzow, the Wisconsin Court of Appeals considered how attorneys should share contingency fees after the termination of their joint law practice. Winston and Guelzow shared a personal injury practice for a few years. Guelzow decided to end the joint practice, and Winston agreed.

Winston sent to the 13 remaining clients a letter informing them of their options in representation, and recommending that the clients remain with Guelzow. The clients all followed the recommendation. Although there was a verbal agreement on fee sharing during the firm's operation, Winston and Guelzow had no contract for dividing the contingency fees after the separation. When the firm separated and the cases resolved, Guelzow reimbursed Winston for the costs he advanced. Winston sued, seeking a share of the contingency fees from the 13 clients. More ›

Getting Paid: Protect your Statutory Attorney Fees

In Betz v. Diamond Jim's Auto Sales, the Wisconsin Supreme Court considered what happens to statutory attorney fees when a client settles a case without notifying its lawyer. The court was "asked to determine the circumstances under which plaintiff's counsel may recover statutory attorney's fees directly from a defendant when, without counsel's knowledge or approval, the plaintiff and defendant enter into a settlement agreement that does not address attorney's fees."

We all have problem clients, but a client that completely settles its claims without telling you has to be near the top of the list. That's particularly true when you're working on a contingent fee, or expecting to recover statutory fees. More ›