Ocean Shores, WA asked in Contracts for Washington

Q: Do I have to pay lawyer fees beyond the retainer fee we agreed upon? I clearly stateted that I did not want to pay more.

We agreed on $3000 for up to 4 evictions. He ended up doing just one, but now wants $8000 more.

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2 Lawyer Answers

A: Don't know about Washington state law but in Florida--and in every other state I am aware of--unless the written representation agreement says that the retainer fee is to be applied to the hourly rate charges--the retainer fee is not connected with the terms regarding hourly rates. In other words: The retainer is a separate fee required by lawyers who are giving up their ability to represent other clients because of their representation of you. If this instance it appears (to me, based on the math) that your lawyer agreed to be retained to do some evictions for you for $3,000, and also agreed to do four evictions for $8,000--i.e., $2,000 each. Since he has already done one eviction he believes you owe him $2,000; but now that you are disputing the terms of the agreement you will probably see him quitting and keeping your $3,000--which covers his $2,000 worth of efforts for the first eviction and gives him a $1,000 tip.

A: Don't know about Washington state law but in Florida--and in every other state I am aware of--unless the written representation agreement says that the retainer fee is to be applied to the hourly rate charges--the retainer fee is not connected with the terms regarding hourly rates. In other words: The retainer is a separate fee required by lawyers who are giving up their ability to represent other clients because of their representation of you. If this instance it appears (to me, based on the math) that your lawyer agreed to be retained to do some evictions for you for $3,000, and also agreed to do four evictions for $8,000--i.e., $2,000 each. Since he has already done one eviction he believes you owe him $2,000; but now that you are disputing the terms of the agreement you will probably see him quitting and keeping your $3,000--which covers his $2,000 worth of efforts for the first eviction and gives him a $1,000 tip.

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