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ethics and billing

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ublakel

Junior Member
What is the name of your state?What is the name of your state? illinois
We engaged an attorney to prosecute our suit with our wife's employer and defend us in their countersuit. We had issues with him immediately because of what we perceived as a dissmissive attitude toward the validity of our case. Early in our discussion he indicated that with the complex nature of the issues (a discrimination component, his specialty, and a contractual component), he would refer the aspect not in his area of expertise to another attorney. After the initial contact with the opposing attorney, they refused to respond to our attorney in any way. Later, through contacts still inside the company, we learned that our attorneys comments to the opposing counsel, regarding the merits of our case, had led them to believe that we were not seriously pursuing the issue. We were referred to the additional attorney for the contractual issue by our first attorney. He indicated that he felt that the issues had merit and were actionable. In our discussions we indicated that because of the way that the first attorney had compromised our position (with respect to possible negotiation or litigation) with his comments we would not be retainng him to pursue the discrimination aspect of the issue. His response was that the first attorney "was his good friend" and without his participation neither of them would be willing to represent us! Both of these attorneys had been given $4000 retainers for the initial consultation. With what we felt to be coercive conditions for representation and a less than vigorous advocate, we declined the services of both attorneys.

They took no further action on our behalf, and we have had no further contact with them. Several months (4) later we were contacted and informed that we were being presented with bills for an additional $4000 and $5000 dollars. This seems outrageous to be charged a total of $17,000 dollars for no actual activity beyond discussions with us, and fewer than 4 letters from the initial attorney to the opposition (which were not responded to). The attorney for the contractual dispute has not taken any action other than discussion with us.

Before I contact the ethics committee of their respective firms and file a complaint with the bar association, I would like to hear some comment as to where this behavior lies on the ethcal spectrum.
 
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foxdude43

Junior Member
Legal Ethics

After reading your note, I feel there is something missing. What happened to the original $4000 retainer fee? This fee is paid in order to get the lawyer to begin work on your case. After the initial money is gone they then send you bills or however your agreement was worked out when you first retained them. You had to have had them do more for you than what is stated.

On the average most lawyers only charge $150-200 per hour for their fees. It would have taken quite some time and effort to use up $4000 worth. Ask for an itemized bill from your attorney. They MUST show exactly what was done to deserve the money. There is no way, legally, ethically, or morally they can just charge you for no reason. Much less add to the bill without your knowledge later and then just send you a bill for $17,000 without an itemized explanation of expenses. That is called fraud.

Laws in almost every state say that the attorney can not charge you more than what the average price is for a similar task that any attorney in that area would charge. If you have a disagreement with your attorney and think he is ripping you off, the only real method other than filing a lawsuit aginst them, is mediation and possibly writing a complaint to the judicial review board of your state. Even then, if they punish the attorney for bad practice, it does not benefit you in any way, it only spanks the attorney. You would still have to sue the attorney for the bill.

Usually, as I stated, a retainer fee is to get the ball rolling. It is money the attorney feels will be enough to cover initial expenses in the case and shows your seriousness in pursuing the case. This money is to be used up first, then you get billed according to any agreement between you and your attorney after the initial money is gone.

Your note makes it sound as if they did nothing for you at all, took your retainer fee, then billed you for another $13,000 for nothing. If this is truly the case, by all means, sue the fool and clean his clock for a lot more than what they charged you. An attorney who does business like that won't be an attorney for long.
 

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