Victoria, TX asked in Contracts for Texas

Q: If I pay my atty with land instead of money, does he have the right to choose what sections he wants? Texas

I signed a contingency agreement with my atty. I can pay his fees with land. Does he have the right to choose what land if it’s not disclosed in the agreement ? My atty has a 40% undivided interest in the recovery

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In your case, where you've agreed to pay an attorney's fees with land, the specifics of the agreement are key. If the contingency agreement does not specify which sections of land can be used for payment, this can lead to ambiguity and potential disputes.

It is not automatically assumed that the attorney has the right to choose any section of the land unless it is explicitly stated in the agreement. Normally, the terms of such an agreement should detail the specific property or the method for selecting the property to avoid confusion.

To resolve this issue, it would be advisable to discuss this matter directly with your attorney. Clear communication can often resolve misunderstandings or ambiguities in contractual arrangements.

If you cannot reach an agreement or if you feel that your rights are not being respected, it might be beneficial to seek advice from another legal professional. This step can provide a fresh perspective on your agreement and help ensure your interests are protected.

Remember, in any agreement, clarity and mutual understanding are vital to avoid potential conflicts and ensure a fair outcome for all parties involved.

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