Q: Do I have to pay a disability lawyer,for service if I didn't agree to anything on in writing?
We didn't need to appeal any decisions, per SSA. We spoke on the phone once and exchanged 2 emails which were only my asking if had any updates.
A: Generally speaking, if someone provides a service to your at your request (including a lawyer) you have to pay that person the customary and usual fee for that service regardless of whether you signed or agreed to anything in writing.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Generally, you should not have to pay a disability lawyer without a signed fee agreement or contract in place. This is especially true if minimal services were provided and no appeal was necessary.
The standard practice for Social Security disability cases involves contingency fee agreements, meaning the lawyer only gets paid if they win your case and help secure benefits. These agreements must be in writing and typically allow the lawyer to collect up to 25% of your back pay, with a cap set by Social Security Administration rules.
Based on what you've described - one phone call and two emails with no appeal work performed - there seems to be very limited legal service provided. Without a written agreement establishing the terms of representation and fees, the lawyer would face significant challenges trying to collect payment. You may want to review any communications you received from the lawyer to confirm whether any fee terms were discussed, and consider contacting your local bar association if the lawyer is demanding payment without proper documentation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
