Attorney Suing Client For Fees In Michigan
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To make a grievance about the conduct of an attorney, contact the Attorney Grievance​ Commission​ by writing to 755 W. Big Beaver Road, Suite 2100, Troy, MI 48084. See a list of disciplined attorneys.
Specific statutes and court rules that have special provisions for awarding reasonable attorney fees include MCL 600.2591 (sanctions for frivolous actions), MCR 1.109(E)(6) (sanction for signature violations), and MCR 2.625(E) (costs in garnishment proceedings). Several statutes require an award of attorney fees.
Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
A party is only entitled to an award of reasonable attorneys' fees. The Court has adopted the so-called Smith/Pirgu analysis to evaluate reasonableness of fees: Attorney fees awarded under a contract rather than as an imposition of costs must be reasonable.
Deciding whether to sue a client for unpaid fees and expenses requires a careful and in-depth analysis of the risks and benefits of bringing such a claim. Attorneys should be wary of the risk of a malpractice counterclaim, as well as the financial risks associated with a collection suit.
The four types of retainer fees are true, nonrefundable chargeable, nonrefundable nonchargeable, and refundable. A true retainer is used to ensure an attorney's availability. A nonrefundable chargeable retainer is applied to the costs of an attorney's services but is not refundable if it is not used.
To make a grievance about the conduct of an attorney, contact the Attorney Grievance​ Commission​ by writing to 755 W. Big Beaver Road, Suite 2100, Troy, MI 48084. See a list of disciplined attorneys.
The simplest and fastest form of legal action you can take is to file a claim in small claims court. Your case should be straightforward: You'll claim that the other side breached your written agreement by not paying you, and you want the judge to award judgment to you for the entire amount owed.