Dallas criminal-defense solo C. Tony Wright says he has learned a valuable lesson when it comes to making attorney’s fee agreements: Accept an assignment of settlement money from a client’s unrelated civil suit as payment for services rendered at your own peril.
The background in April 27′s David Gutierrez Sr. v. The Wright Law Firm, a 5th Court of Appeals opinion that involves litigation over collecting a $50,000 retainer, is as follows: On Nov. 28, 2007, David Gutierrez Sr. and his son, David Gutierrez Jr., signed a fee agreement with The Wright Law Firm (TWLF) that called for Wright to represent David Gutierrez Jr. in a federal criminal prosecution. The agreement described the fee as a nonrefundable retainer fee of $50,000 for investigation and attempts to dismiss or plea bargain the case, and a trial fee of $30,000 that was refundable if there was no trial in the case. On the last page of the agreement, above Gutierrez Sr.’s signature, was a handwritten note that read: “I David Gutierrez Sr., agree to be responsible for my sons Atty Fees. . . .”
