Consideration: Lawyer’s promises after retainer is signed

A lawyer’s representations to a client he was already representing in a divorce proceeding did not become part of the parties’ contract, because they were “modifications” not supported by consideration, according to the Michigan Court of Appeals in an unpublished decision.

In the case, the plaintiff had retained the defendant lawyer to represent her in a divorce. At some point after the retainer was signed, the lawyer allegedly promised that his client would get half the estate plus spousal support. When it turned out that she didn’t get anywhere near that, she sued.

Since the retainer had already been signed, reasoned the court, the lawyer’s promises could only be a modification. Modifications require consideration. The plaintiff argued that her continued employment of the lawyer provided consideration, but the court disagreed. There was no evidence that her continued employment of him was contingent on his promise, and thus no consideration.

Czyzyk v. Irons, 2005 Mich. App. LEXIS 652 (March 10, 2005)