1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Lawyer is using me like a personal piggy bank

Discussion in 'Lawyers, Legal Practice, Ethics & the Bar' started by Andy1234, Nov 10, 2019 at 12:24 PM.

  1. Andy1234

    Andy1234 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Illinois
    A company in Florida used my copyrighted images on its website to sell their own products. I sued them in Illinois. My lawyer told me it would cost $5-$6k to file the lawsuit and sent me the first bill at $15k and explained that a lot more work has to go into it, including proving that we should have jurisdiction in Illinois. I assumed we would have jurisdiction and wouldn’t have entered into this lawsuit, not in Illinois for sure, had I known we had to prove a right to jurisdiction. I had no evidence whatsoever that the florida company was selling into Illinois. All I knew for sure was that they were using my copyrighted images. Next month my lawyer sends me a bill for $20k. And we are still about 2 months from the Judge ruling on jurisdiction. I didn’t sign up to gamble away $50,000 if not more on the possibility of getting jurisdiction. My lawyer never told me that we would have to do this. I feel like I’m getting screwed by my own lawyer. Is there anything that can be done about this? I was a victim and now I feel like even more of a victim after hiring a law firm that was meant to make me whole. My company doesn’t have this kind of money. We are a small business.
     
  2. Tax Counsel

    Tax Counsel Active Member

    Messages:
    466
    Likes Received:
    226
    Trophy Points:
    43

    Look at the fee agreement you signed with the lawyer and the work that has been done. If he's earned the fee he's charged so far then you owe the lawyer the fee. As for going forward, you are free to fire this lawyer and get a new one if you can find one that will do the rest of the lawsuit less expensively or you can simply drop the matter altogether if you don't want to pay the fees it will take to litigate this. Will the judgment you may get at the end of all this be worth the legal fees you have to pay to get it?
     
  3. army judge

    army judge Super Moderator

    Messages:
    30,822
    Likes Received:
    4,355
    Trophy Points:
    113



    Never agree to retain an attorney to represent you UNLESS the lawyer creates a signed, dated RETAINER.

    ALWAYS make sure your retainer agreement (the contract between you and your attorney) ha sa provision to contact you if expenditures EXCEED a certain dollar amount, requiring you to authorize the additional spending.

    That provision also allows you to cancel the agreement, if, as in your case the costs are likely to exceed the benefits you wish to achieve.

    Did you have such a retainer with your attorney?

    I suggest you seek an appointment with your attorney ASAP to sit down (face to face) and discuss the case in an attempt to resolve the matter.

    If you remain unhappy after the meeting, your next option would be to file a complaint with the state attorney regulatory agency..

    A client is free to lodge a complaint:

    By completing a complaint form, which you can be obtained on the Web site of the:

    ARDC of the Supreme Court of Illinois:

    ARDC  |  How to Submit a Request For Investigation

    The entire process is explained on the website!

    One of the latest explanations about retainers is based on the 2007 "Dowling" IL Supreme Court Decision:

    Supreme Court e-Newsletter


    An IL attorney's take on retainers:

    The Importance of Having an Attorney On Retainer


    One explanation of legal/attorney retainers:

    https://cdn.ymaws.com/iadtc.site-ym.com/resource/resmgr/imported/PublicationPDfs/19.2.24.pdf






    Another explanation of retainers:

    https://www.iardc.org/MinimizingYourRisk_Retainers.pdf
     
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,111
    Likes Received:
    643
    Trophy Points:
    113

    Sure. Sit down and talk with your lawyer. If you can't resolve the matter to your satisfaction, fire your lawyer and hire another.
     

Share This Page