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.