FEE DISPUTES

Law is not just a profession, it’s a business. Like all businesses, lawyers and law firms are interested in making a profit, and more often than we like, the drive for profits can cause billing abuses and overcharging of legal fees. Lawyer billing abuses come in many different forms. It can include padding of hours, charging for work that isn’t done, assigning inexperienced attorneys to projects, performing needless or questionable work, and charging for the time of several attorneys all doing the same thing. It can also mean that the way in which a lawyer handles the case is not in the best interest of the client, but rather to maximize attorney fees. Because of the pressure to bill that’s put on lawyers now in law firms, decisions about actions to be taken are sometimes made less on the basis of what’s in the best interest for the client, than it is how much can we bill for this work. There can be overbilling for costs as well (the infamous $1.00 charge for each page of incoming faxes), or the attorney we once caught who bought a pair of shoes and charged it to his client as “ground transportation”. When the nature and amount of fee overcharging or billing abuses becomes serious and substantial, we may become involved on behalf of the client, and seek a refund of any overpayment, or defend the client in a collection action brought by the attorney. For further information on this area, see our tutorial on how to read an attorney’s billing statement located on our Resource Page.

LEGAL MALPRACTICE

BREACH OF FIDUCIARY DUTY AND ETHICAL VIOLATIONS