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...
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...
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....
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...
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...