Engagement Letter: Fill & Download for Free

This happened to me a few years ago. I totally refused to pay. After some futile arguing, they tried to “blackmail” me by threatening to send my bill to a collection agency, the kind that pesters you day and night. I said go ahead, losers. I admit I thought it was an idle threat, but they actually did it! I simply told the collection agency rep to present me with a work order or engagement letter of some kind bearing my signature and that I would then immediately pay the $550 bill. I never heard from any of them again.

The law firm doesn’t resign from the case, it files a Motion to Withdraw. The Motion is set for a hearing and the judge decides if the law firm and its lawyers can withdraw.Without looking at the Motion to Withdraw, I can’t tell you the basis. I can give educated guesses.The law firm might be in a position that it can’t act within the Rules of Professional Conduct. It might be in a position where the relationship between the attorney and the client has eroded to the point where the attorney can no longer zealously represent the client. (This is code speak for the attorney can’t find a way to win and can’t convince the client to act otherwise.) This is a signal that the case was bogus and is entering Rule 11 of the Rules of Civil Procedure territory. This is the rule that governs filing of lawsuits without the proper factual basis which can include sanctions.This could also be a signal that what lawyers refer to as Rule 1 hasn’t been complied with. Rule 1 is always pay your attorney. In the more perfect world envisioned by the Rules of Professional Conduct, the attorney starts out with an engagement letter that sets forth the terms of the representation. It also covers the fee, the retainer and hourly billing. In essence the engagement letter creates a contract. If the client is in breach of the letter of engagement a Motion to Withdraw is appropriate.Maybe the lawsuits are bogus. Maybe they haven’t been paid. Maybe the campaign is refusing to execute the engagement letter. Maybe the campaign has violated the terms of the engagement letter.Speculate all you want.

Write a letter to the lawyer and managing partner at the firm describing in detail:when you retained them,what you paid them and when (enclose a copy of the engagement letter if you have one - many states require written agreements - if you don’t have one, mention that no written engagement letter was provided. Also enclose a copy of any receipt for payment),what services he was supposed to provide,what he failed to do,when the hearing he missed took place and what the hearing was for,what happened as a result of his failure to appear,how you were damaged as a result of his failure to appear,stating the fact that he apologized and how (phone, email - if email enclose a copy) and whenrequesting full refund of the retainer,and advising that you are reporting the attorney and the firm to the State Bar Association.Show that a “cc” of the letter including enclosures is going to the State Bar.Be sure to date your letter, include your full name and contact information, and to keep a copy of the letter and all other documents you are enclosing for yourself.Contact your State Bar Association and tell them you want to report this incident. They may have a form for you to fill out. If so, get it, complete it, and submit it with a copy of your letter to the attorney and all enclosures. If not, send them a letter telling them you are filing a grievance and enclosing a copy of the letter to the attorney and enclosures.A Bar representative may call you after you file your grievance for more information.If you suffered significant damage beyond the loss of fees paid, contact an attorney who handles legal malpractice cases to see whether you have a viable claim. Most attorneys will meet with you for free initially to evaluate your case.