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Legal Malpractice Blog
Six most common problems with Retainer Agreements in Maryland
Each year, I review dozens of retainer agreements drafted by Maryland law firms. Here’s my list of the five most common problems.
What does it mean to sign a Retainer Agreement “under seal” in Maryland?
In Maryland, when a retainer agreement is signed “under seal”, it extends the time for the law firm to sue the client for fees owed from 3-years to 12-years.
Flat percentage fee shifting provision in a Maryland Retainer Agreement is Unenforceable
The provision for an award of attorney’s fees based upon the flat 15% of the outstanding balance owed by the client is unenforceable
Earned when paid retainers violate Rule 1.15(c) of the Maryland Lawyers’ Rules of Professional Conduct
When you hire an attorney, it is common that you will pay a retainer. The attorney is obligated to deposit the entire retainer into the law firm's Attorney Trust Account (also called an IOLTA Account). The attorney may only withdraw fees as they are earned. I have...
Family Law Legal Malpractice
No matter how simple your case may appear, your attorney can commit legal malpractice.
Article published: “An attorney who violated the Rules of Professional Conduct should not sue a former client for legal fees owed”
An attorney only earns his or her fees when the attorney’s conduct conforms with the Rules of Professional Conduct. If the attorney was terminated for violating the Rules of Professional Conduct or if the client discovers the attorney’s violation after the representation has concluded, the client has a meritorious claim that the attorney has not earned any fees.
Questions that Every Client Needs to Ask when Retaining an Attorney
The following article was written by my former client as part of a college class on research and survey design: Several years ago, I had the misfortune of being involved in a protracted legal dispute. The entire experience was made infinitely worse by the...
Am I among the top or best lawyers in Maryland?
Clients should disregard all print and internet advertising that claims that the attorney is “super”, “best”, “top”, “greatest”, or “most” when searching for an attorney in Montgomery County and/or Maryland.
Ambiguous retainer agreements drafted by Maryland attorneys
Maryland attorneys and law firms have a duty to draft retainer agreements that are clear and comprehensible to their clients.
Case study of how a Rockville law firm overcharged its client by almost $10,000
This is a case study as to how a Rockville law firm overcharged its client by almost $10,000
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