how to file a complaint against a lawyer for discrepancy in billing

Put your complaint in writing if you're not able to resolve it with a phone call. Be specific: refer to line items in the bill. Make a good-faith attempt to reach a negotiated settlement before suing your attorney (expensive), or seeking mediation or arbitration services through your local bar association.

Full Answer

What happens when you file a complaint against a lawyer?

In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond.

Should I let my attorney review the bill before I dispute?

Before you formally dispute the bill, you may want to allow your attorney the opportunity to review and explain the bill. In some situations the attorney may not even have seen the bill before it was sent – or she may have simply given it a cursory glance as she signed it.

How do I dispute a bill for clerical services?

You shouldn't have to pay the higher attorney rate for clerical tasks such as typing or filing. Call your attorney. Before you formally dispute the bill, you may want to allow your attorney the opportunity to review and explain the bill.

Can a judge file a complaint against an attorney for improper behavior?

However, other attorneys and even judges sometimes file complaints against attorneys for improper behavior. In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond.

Can you sue a company for incorrect billing?

You can sue. If you've already paid a mistaken amount, or if you want to avoid affecting your credit rating no matter what, you can sue the company.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is it called when a lawyer overcharges you?

Examples Of Overbilling. While the act of overbilling can simply be a lawyer overcharging for services, there are numerous ways this can occur, for example: Padding a bill: This occurs when a lawyer lies about how much time was spent on a matter. By overstating time spent, the bill becomes inflated.

What happens when a lawyer makes a mistake?

There are other options if you don't want to sue your former attorney for a mistake they made. You can report them to the state bar or the American Bar Association. They will conduct an investigation if the mistake is serious enough and the lawyer could face being disbarred or other disciplinary actions.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What are the main areas of dispute and complaints for law firms?

Professional Negligence. Civil Fraud and Investigations. Financial Services Disputes. Wills, Trusts and Inheritance Disputes.

Do lawyers cheat their clients?

Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.

How do you know if a lawyer is scamming you?

How To Avoid Legal Representation ScamsPayment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Are lawyers allowed to make mistakes?

“All lawyers make mistakes and it does not matter how long you have been practicing, where you went to school, how many hours you bill or how hard you try,” said Michael S. LeBoff, partner at Klein & Wilson, Newport Beach, Calif., during the ABA webinar "Oops: What to Do When an Attorney or Expert Screws Up."

What do you do when a lawyer won't respond?

If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face.

What are possible consequences for the attorney representing a client if deadlines are missed?

Failing to timely contest a will can result in you missing out on what you would have otherwise been entitled to from an estate had you successfully challenged the will. If your attorney failed to make you aware of the deadline to bring suit, then they could be liable for malpractice.

What to do if you are unsure about an attorney?

If you are unsure whether your concerns with an attorney involve professional misconduct, in most states you can call or email the disciplinary office and discuss the matter prior to submitting a written complaint. Contact information for attorney regulatory authorities, by jurisdiction:

What are some examples of attorney practices that violate the Rules?

Some examples of attorney practices that violates the Rules include: Failure to provide an accounting of your money or property held by the attorney. Commingling your funds with the attorney's own money. Refusing to return your file at the conclusion of the representation.

What are some examples of attorney misconduct?

Some examples of attorney practices that violates the Rules include: Serious neglect of your case. Failure to provide an accounting of your money ...

How to file a complaint against a lawyer?

In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.

What happens if you don't report a violation of the law?

If there's no evidence of a violation, the board will dismiss the case and notify you. If the violation is minor, a phone call or letter to the lawyer usually ends the matter.

What happens if a client fires a lawyer?

When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.

What is the role of a disciplinary board in a state?

State Disciplinary Boards. Each state has a disciplinary board that enforces state ethics rules for lawyers. The board is usually an arm of the state’s supreme court and has authority to interpret ethics rules, investigate potential violations, conduct evidentiary hearings, and administer attorney discipline.

What is the role of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”

What is incompetence in a lawyer?

Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.

What is a public reprimand?

issue a private reprimand (usually a letter sent to the lawyer) issue a public reprimand (usually published in the agency’s official reports and a local legal journal or newspaper ) suspend the lawyer (the lawyer cannot practice law for a specific time) disbar the lawyer (the lawyer loses his or her license to practice law), and/or.

What to do if your attorney agrees to compromise?

If your attorney agrees to your compromise, make sure you receive a new bill with the correct amount before you send payment.

What to do if you are allowed to have an attorney represent you during an arbitration?

Look for an attorney who is experienced in handling attorney's fees disputes. Make copies of any documents related to the fee dispute to take with you to the hearing.

How to write a letter to an attorney?

1. Use standard business format. Your word processing application typically will have a template you can use for writing business letters. Include your name and address as well as the attorney's name, firm name, and address where you're sending the letter.

What should be included in a fee agreement?

Your fee agreement should include details on how often you'll be billed, how costs will be computed, and the rates at which the attorney will bill for work completed.

What to do if you want to dispute a bill for any valid reason

What to do if you want to dispute a bill for any valid reason 1. Do not ever call to settle a bill or resolve a billing problem. Write a letter within 30 days of the date on the letter. Delay and it will be legally assumed that you have accepted the charges. 2.

What to write and where to send?

What to write and where to send? 1. Make sure you follow all instructions on the billing letter as to where it should go (person and address). 2. Make sure the letter has your name and address; 3. Captions are essential. List your name, account number, invoice number and amount separately. 4. If you dispute the entire bill - say so.

Reasons? I will give you reasons!

Reasons? I will give you reasons! 1. State your reasons for dispute in a bullet form. Avoid generalities. Stick to dates and facts. (e.g. The item you bill for has not been delivered" or "The services you bill for have not been provided" 2. If something was promised, state the date and the name - "On 11/11/2011 Ms.

How long does a creditor have to give a written notice of an error?

Some of these requirements place time limits on the creditor, such as: The creditor must acknowledge receipt of an error notice within 30 days.

How many billing cycles does a creditor have to correct?

The creditor must correct or explain an account within two billing cycles (90-day maximum) Other requirements prevent the creditor from taking certain actions. Actions cannot happen until the creditor complies with the requirements of resolving a billing error claim. The creditor may not: Close your billing account.

What to do if you find a false charge on your credit card?

As you handle your debt, you may come across false charges on your credit card. Always check your bills for errors. Creditors sometimes make mistakes, and credit-card theft may have occurred without your knowledge. If you discover a billing error, you should provide the creditor with written notice of the error.

What is a written notice to a creditor?

To trigger federal requirements, the written notice must provide the creditor with the following: Account identification information. Identification of the specific bill (or bills) in dispute. A statement that you believe the bill is in error. The reason (s) why the bill is disputed.