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The Complete Idiot's Guide® To Lawsuits by Victoria E. Green

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Withholding Fees

Your duty to pay your attorney is not connected to the attorney’s duty to provide competent services; they’re two separate things. Your attorney cannot use your nonpayment of fees as a defense for his malpractice. Withholding fees from the attorney you’re suing for malpractice is very common. So is a counterclaim from the attorney you’re suing asking for payment of those withheld fees. (See Chapter 6 for a discussion of counter-plaintiffs and counter-defendants.)
If your attorney counterclaims for the money you owe for services, it’s a good idea to ask the court to put your money into a court escrow account. Escrow accounts hold money so that neither side can take it until the court makes a decision. In some cases, if you win, ...

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