Legal questions? Get free advice!

Questioner

I had a meeting with a lawyer on Thursday morning. He was going to do some work for me. On the following Monday morning I let him know that I wanted to cancel it. Exactly 1 hour later, some draft pieces were sent to me. I have not yet signed an order confirmation. Now it is being insisted that I sign it. What can I be charged if I do not sign? My legal aid costs me 675 euros and the lawyer's hourly rate is 185 euros

Lawyer

How did you indicate that you were renouncing it?

Lawyer

There is a verbal assignment agreement, the lawyer probably worked it out on Friday and you abandoned it on Monday, that is too late. Work has already been done, the lawyer is entitled to wages.

Questioner

I let them know by email after I tried calling

Questioner

I let them know by email after I tried calling

Questioner

I already had doubts during the conversation, because my own contribution has doubled compared to a few years ago. I don't think there is much to gain. I will get my own contribution out of it in a year, but I thought staying on good terms with my ex-partner was more important now. But isn't it strange that a lawyer already draws up documents (actually only 1 email) before there is an order confirmation?

Lawyer

There may be an assignment after all, there is no requirement for it to be in writing, you better do some market research next time, because you are paying a lot for an e-mail. You could possibly get something out of it, because there must be a proportional return (in labor) from the lawyer to the requested salary.

Questioner

I don't know what I'll have to pay if I waive everything. I'm guessing a few hundred euros. If I pay the own contribution, the lawyer will do the whole case for me. I estimate that I will earn back my own contribution in 1 or 2 years.

Questioner

I thought: no order confirmation, no order. Probably an irritated lawyer. In the interest of peace between the two parents, I had hoped for understanding from the lawyer. Precisely from a family law attorney. But apparently one's own financial interest comes first. The times on the documents are one hour after my written request to waive the procedure. I have the impression that the lawyer started working on the case quickly after my request to waive it.

Lawyer

So the lawyer has handled everything within an hour, seems unlikely to me. It could also be in conflict with the professional rules of ethics. Check that, you could also consider suspending part of the payment because you believe that the lawyer has neglected something, or is acting in conflict with professional ethics. In any case, as a consumer client you are obliged to pay the wages for work performed, and the assignment minus the costs that have been saved. If the lawyer can help another client in the hours that have become available, that also reduces his damage.

Questioner

Nothing has been settled. I wanted a new calculation for child support because it was never indexed and my ex started earning more. That was the conversation about. Now that he knows that I have discussed this with a lawyer, he is suddenly willing to pay more. (from January) So there is a good chance that there will be no procedure. All that remains is a 45-minute conversation and a draft email. I am in doubt whether I should continue with the procedure. My lawyer makes me feel like I have no other option. That does not seem to me to be in the best interest of the children. It is not that I do not want to pay anything, but I find it difficult to make a good choice about what to do.

Lawyer

You may simply make other agreements among yourselves and if you put them in writing, they are legally valid. Often a lawyer is not necessary at all. The first consultation is often free and an e-mail can never cost more than a time frame of 15 minutes.

Questioner

It was not a first conversation. This lawyer helped me in 2015 with the child support and the parenting plan/agreement. After that we had no contact for 3 years. I recently contacted him again because my ex refused to pay anything more. If I now decide not to pay anything more, I will (rightly) have to pay compensation. And the risk that my ex will not keep his word. And this lawyer will probably not want to help me in the future

Questioner

But that addition has already been requested and the lawyer now wants a first term. Although there may not be a need for a procedure. Difficult situation for me to make a correct decision

Lawyer

if the assignment is withdrawn before the lawyer has performed any work, you do not have to pay. if you can prove this, the lawyer is acting in a way that is worthy of complaint. I would be happy to review the documents for you Do you have any questions? Please reassure them.