Legal Question in Legal Ethics in Mississippi

Binding Contract Law

Is a contract binding when a lawyer and client agree on the terms of the contract?(precentages of the split

in case a suit is won?) Can this agreement be changed

without the consent of both parties? If so, why? and

who make the changes? Can a judge make the changes

wityhout the consent of the client? If so, why? Can any of the changes be contested?


Asked on 12/14/00, 9:59 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Binding Contract Law

Contracts are binding on both parties to them absent some disqualifying factor such as fraud.

Neither party can legitimately change any term of the contract without the written concurrence of the other.

A judge may under certain circumstances change a per cent or other term of a legal employment contract if the statute vests such authority in the court, such as in domestic relations cases.

A contract can always be contested. If the disagreement is between the client and the attorney, the client should contact the State Bar Association's Fee Dispute Resolution Committee.

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Answered on 12/15/00, 9:20 am


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