Lawyer fees

[lapatta]

What is the name of your state? NJ

I have an ongoing civil litigation that is being handled by my lawyer.

The trial date set for early this month but my lawyer wanted to postpone the trial since he had another trial on the same day.

I was not keen on delaying the trial and had requested my attorney to postpone the other trial but he refused and said that he will adjourne my trial and request a new date.

Now I have hefty bill from my attorney for corresponding with the court clerk and other opposing counsel for adjouring the trial.

Should I be responsible for these charges considering, I did not request the adjournement and it was due my attorneys unavailability.

Appreciate comments.

 

[seniorjudge]

Q: Should I be responsible for these charges considering, I did not request the adjournement and it was due my attorneys unavailability.

A: What does your fee agreement say?

 

[lapatta]

The retainer agreement does not have any reference to such situations.
It is a simple agreement with hourly billing rates, expenses, etc.

What is the common business practice for these situation?

 

[las365]

Generally, common practice is to charge the client for work performed on the client's case. You can apply a standard of "reasonable and necessary" to the charges.

It was absolutely necessary for the attorney to do the work to continue the trial - otherwise, the other party could have taken a default judgment against you. The reasonableness of the charges generally has to do with the amount of time spent and the going rate in your area, not whether you wanted the trial to be continued.

I know it's frustrating to have your trial date moved. No one here, however, can judge your attorney's prioritization of his obligations to his clients because we don't have enough information to do so.