by Stewart Sutton | Oct 18, 2016 | Legal Malpractice
If an attorney exceeds his or her client’s expectations, can the attorney demand a bonus from the client? The answer is “no”. The attorney can only seek payment of fees pursuant to the terms of the parties’ retainer agreement. Rule 1.5(a) of...
by Stewart Sutton | Nov 11, 2015 | Legal Malpractice
In prior posts, I have explained why lawyer rating guides, such as Super Lawyers, are neither accurate nor reliable. See Why you shouldn’t rely upon the ratings in Super Lawyers Magazine. Another reason to disregard lawyer rating guides is bias. These guides tend to...
by Stewart Sutton | Nov 10, 2015 | Legal Malpractice
We expect that attorneys should be able to write well. After all, litigation involves filing countless motions and oppositions. I having read thousands of documents drafted by opposing counsels, I estimate that about 5% are excellent writers, 90% are good writers,...
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....
