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Does your attorney have an alcohol, drug abuse, or mental health problem?

by Stewart Sutton | Nov 28, 2016 | Legal Malpractice

A new study found that attorneys in America suffer a high rate of alcohol and substance abuse as well as mental health problems.  See “The Prevalence of Substance Use and Other Mental Health Concerns among American Attorneys” published in the February 2016 issue of...

Six most common problems with Retainer Agreements in Maryland

by Stewart Sutton | Mar 25, 2015 | Legal Malpractice

Each year, I review dozens of retainer agreements drafted by Maryland law firms.  Here’s my list of the six most common problems I find in Retainer Agreements: 1.     The language in the Retainer Agreement is ambiguous: I reviewed a contingency fee agreement...

What does it mean to sign a Retainer Agreement “under seal” in Maryland?

by Stewart Sutton | Mar 20, 2015 | Legal Malpractice

In Maryland, it is common practice for the law firm to draft a retainer agreement that states the client is signing it “under seal”.  The phrase “witness my hand and seal” or “signed and sealed” are the typical operative phrases....

Flat percentage fee shifting provision in a Maryland Retainer Agreement is Unenforceable

by Stewart Sutton | Mar 19, 2015 | Legal Malpractice

Most Retainer Agreements (also known as Engagement Agreements) contain a fee shifting provision, which provides that the client will be responsible for any legal fees and costs incurred if the law firm sues the client to collect its fees.  Typically, the fee shifting...

Earned when paid retainers violate Rule 1.15(c) of the Maryland Lawyers’ Rules of Professional Conduct

by Stewart Sutton | Mar 18, 2015 | Legal Malpractice

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...
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Serving the following cities and surrounding areas in Montgomery County, MD Germantown, MD | Gaithersburg, MD | Boyds, MD | Damascus, MD | Poolesville, MD | Rockville, MD | Montgomery Village, MD | Kentlands Copyright © 2014 - 2023. All Rights Reserved. Web Design by Trumpet Marketing

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Each case is different and that the lawyer's past record in achieving favorable results for clients does not guarantee that he will be successful in reaching a successful outcome in any future case.