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Attorney Fee Dispute - lawyer charging for work not done

Started by BarAdmitted2019_26 · Apr 6, 2024 · 1,428 views · 2 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
BA
BarAdmitted2019_26 OP

I'm in a difficult situation and trying to figure out my next steps.

lawyer charging for work not done. I've been dealing with this for about 2 months now and the situation isn't improving.

I have already done some research online but got conflicting advice.

What's the typical outcome in situations like this?

DV
diana_v_12

I've dealt with this before.

Most folks screw this up by is having everything documented. I'd recommend keeping a detailed timeline instead....

AM
ashley_m_8 Attorney

Attorney here who handles fee disputes regularly. The issue of lawyers billing for work not performed is addressed by every state's Rules of Professional Conduct, specifically Rule 1.5 which requires that fees be reasonable. Here is what I would recommend:

  • Request an itemized billing statement. Under ABA Model Rule 1.5(b), clients have the right to a written statement of the basis or rate of the fee.
  • Compare billing entries against your records. Cross-reference dates and descriptions with your own emails, phone records, and meeting notes. Look for block billing, vague entries like "research" without specifics, and duplicated charges.
  • File with your state bar's fee dispute resolution program. Most state bars offer fee arbitration. In California under Bus. & Prof. Code 6200-6206, the attorney must participate if the client initiates it.
  • Consider a formal ethics complaint. Intentional overbilling may violate Rule 8.4(c) regarding dishonesty, fraud, deceit, or misrepresentation.

I had a client last year who recovered over $14,000 through the state bar's fee arbitration program after discovering their divorce attorney had billed 6 hours for a motion clearly copied from a template. The process took about 4 months.

One important note: do not refuse to pay the entire bill. Pay the undisputed portion and contest only the charges you believe are improper. This protects you from a collections action and demonstrates good faith.