Q: Attorney suing for $100k in NYC after $150k retainer for unheld trial; need defense for overstated fees.
I had an attorney who provided services for me in San Francisco federal court under Pro Hac Vice. His law firm, based in NYC, requested and received a $150,000 trial retainer, but the trial never took place. Now, they're suing me for approximately $100,000 more in the New York City Supreme Court. I've continuously complained about overstated attorney hours since they greatly exceed what's reasonable under our written agreement, and I've requested arbitration as specified in our agreement. However, the firm skipped arbitration and directly sued. I need help defending against these unreasonable fees.
A:
My understanding is that they cannot skip arbitration. It's mandatory. After arbitration, any party can file in court. You may be able to have the lawsuit dismissed without prejudice and force arbitration.
Jack
A: You may want to consider reviewing the retainer and other possible documents with an attorney experienced in such matters - most attorneys will want to see your paperwork before advising meaningfully. More fundamental than your dispute about the number of hours (or a debate about the reasonableness of hours) could be the terms of the retainer. Some retainers (as a GENERAL matter - I don't know the terms and conditions of your retainer) contain provisions that outline conditions for fulfillment of a law firm's duties and obligation for payment, whether that consists of achieving a settlement, dismissal, withdrawl, or other milestone - which could make an actual minute-by-minute accounting of time a moot point. Good luck
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