Legal Consequences of Failing to Pay Your Lawyer

Introduction

When you engage an attorney, you are entering into a legal and financial agreement. Failure to pay as agreed can have severe consequences, not only legally but also in terms of your relationship with the lawyer. In this article, we'll explore the potential outcomes when you fail to pay your lawyer, highlighting the steps they may take and the impact on your legal representation.

Understanding Attorney Fees and Payment Agreements

Attorney fees are a critical aspect of any legal matter. You will typically be required to pay before work commences, especially in criminal cases, or provide a deposit or retainer for civil cases. If you agree to a contingency fee arrangement, the lawyer will take a portion of the settlement or judgment.

It's essential to be aware that some attorneys may agree to take 1/3 of the settlement, but they will still require payment for their time and expenses. Expect to pay a minimum of $5,000 to $10,000 upfront. For instance, if you settle a case for $100,000 and your lawyer takes 1/3 plus their expenses, you might end up with approximately $50,000 to $60,000 after fees. This process can take 2 to 4 years.

The Consequences of Non-Payment

Non-payment can breach the relationship between you and your attorney. The lawyer has the right to sue you to recover the money owed. In such cases, they can:

Terminate the legal representation Seek a judgment in court Enforce the debt through various means, such as: Suing you for the unpaid amount Recovering the cost of the lawsuit and their expenses Issuing a writ to seize your assets Forcibly removing and selling your property at a distress auction

Any costs associated with the lawsuit and the sale of your property will be added to your debt, making it even more challenging to resolve.

Case Study: A Divorce and the Use of Collateral

Let's consider a case where, 40 years ago, the author of this article was at the end of their divorce settlement. Without the funds to fight in the Supreme Court, they offered a piece of antique jewelry worth $10,000 as collateral. The attorney agreed to hold the jewelry for the duration of the case, and the author was able to retrieve it once the Supreme Court ruled in their favor.

This example highlights the creativity that can occur when both parties work together. However, it is crucial to note that not all attorneys have this willingness or inclination to accommodate such arrangements.

Real-World Implications

When it comes to hiring a painter or other service provider, do you expect them to complete the job if you haven't paid them? Similarly, failing to pay your lawyer is not a wise decision. While a lawyer may not ignore you legally, they have the right to discontinue work, seek payment, and take necessary legal action.

Legal professionals are professionals in litigation. If you fail to pay your bill, they will sue you. They will win the case and add the cost of the lawsuit to your debt. The bailiffs can seize your property and sell it at a significantly reduced price to recover your debt.

Conclusion

In summary, not paying your lawyer can lead to serious and long-lasting consequences. It disrupts the attorney-client relationship, potentially jeopardizing the legal work already done and any future work. Always ensure you have the financial means to honor the agreement you've made with your attorney. Being prepared can help avoid these potentially devastating outcomes.