how to run up opponents lawyer bill

by Craig Schiller II 6 min read

Why is my attorney's Bill different from the one I received?

This attorney's bill may differ from one you may have received from another attorney in another case, but that doesn't mean you were overcharged or the bill is incorrect. If you paid an upfront retainer, and this is your first bill, it should also include details on how the retainer was exhausted.

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 you handle difficult opposing lawyers?

A difficult opposing counsel should be handled like a festering boil near your eyelids, lest they harm you and your case. Save yourself from stress and despair in your legal practice by learning how to deal and relate with difficult lawyers.

How do I dispute a charge on a bill?

If there is more than one item you want to dispute, you may want to format them in a bullet-point list. Identify the charge you dispute specifically and provide a brief description of why you dispute it. Ask for a detailed accounting.

image

How do you prove overbilling?

Some examples of overbilling by a law firm include:Padding a bill, charging for work that was not actually done;Performing legal work that is wholly unnecessary;Inefficient work, billing far more than is reasonable; and.Overstaffing a case without legitimate cause.

Is double billing unethical?

According to ABA Opinion 93-379, double-billing is unethical and violate the rules of professional conduct, specifically Model Rule 1.5, even if the attorney actually completed multiple tasks for multiple clients. An attorney is not entitled to bill more than one client for one time-slot.

How can a lawyer bill more hours?

Tips to Maximize Your Law Firm's Billable HoursMinimum time increments.Record tasks as you complete them.Create a firm-wide time tracking policy.Increase your productivity.Complete billing descriptions.Delegate strategically.Track all time… billable and non-billable.Get to maximizing.

How do I avoid double billing?

To avoid double billing, attorneys should split the bill among the clients. So if a one-hour meeting applies to four clients, each client should be billed for only . 25 (15 minutes).

What are the four areas of unethical billing practices?

4 Billing Mistakes That Can Land Unsuspecting Attorneys In Costly Fee DisputesNot Keeping Contemporaneous Records. When you're in the groove, it can be tempting to go from client calls into research and writing and just do your billing “later.” ... Block Billing. ... Vague Entries. ... Clerical & Paralegal Work.

What is block billing?

Block billing is the practice of listing a group of tasks in a block summary under a single time entry. For example: “Draft interrogatory requests; telephone conference with Dr. Brown re: expert report; summarize deposition of Mr. Smith; review and revise correspondence to opposing counsel. 7.3 hours.”

Is 2400 billable hours a lot?

Assuming the billable hours are “on the up and up”, a 2400 hour/year biller is routinely working on client matters well past the dinner hour. In fact more than routine, as an absolute necessity a 2400 hour biller is working on legal issues every night after he has already worked eight full hours.

How hard is it to bill 2000 hours?

For example, if you want to reach a goal of 2,000 hours annually, you would need to bill for roughly 40 hours each week, or eight billable hours a day. You may not work exactly eight hours each day, but this breaks down what you should average in a day, week, and month to reach your annual goal.

Is 1800 billable hours a lot?

It's not a complicated equation – the more hours you bill, the more revenue for the firm. Firms “average,” “target” or “minimum” stated billables typically range between 1700 and 2300, although informal networks often quote much higher numbers.

What do you do if a customer pays twice?

When paying an invoice, sometimes your customers may accidentally overpay or record the payment twice. Mistakes can happen, but there are a number of ways you can easily handle the overpaid amount: apply it to another unpaid invoice. create a credit and refund the amount.

What does double invoicing mean?

What Is Double Invoicing? A simple sign of a duplicate invoice is getting more than one invoice for the same goods or services. The invoices might even have the same date, purchase order number and invoice number, making it clear the invoice was also received at least once.

Can two invoices have the same number?

Re: Two (or more) Invoices with the same number AccountRight will allow the user to use an already recorded invoice number on a transaction. For example, if you do already have an invoice with invoice number 00000010, another invoice with invoice number 00000011 can be recorded if required.

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 to do if your bill does not resolve?

If discussing your bill does not resolve the problem, a good option to consider is fee arbitration. Under fee arbitration , a neutral third-party will hear your side and your lawyer’s side of the story, and then decide what a fair price is for the legal services you received.

What states require fee arbitration?

Some states, such as California, New Jersey, and Washington D.C., require mandatory fee arbitration if you have a dispute with your lawyer concerning the bill. Fee arbitration is a great low cost, easy way to resolve billing disputes. Find the right Products and Services lawyer. Hire the right lawyer near your location.

Can a lawyer choose not to participate in a lawsuit?

Also, in many of the states where it is offered, a lawyer can choose not to participate. In these instances, a lawsuit might be your only option. However, keep in mind that the costs and time associated with a new lawsuit may outweigh the amount you believe you have been overbilled.

What can you bill for in a law firm?

But at most firms, you can and should bill for tasks like reading and sending emails; taking and making phone calls; reviewing accident reports, medical records, and discovery documents; and speaking to clients, opposing counsel, and witnesses.

How many hours can a lawyer bill?

Don’t short yourself that billable time. But be realistic about how many hours you can bill in a day. Not everything lawyers do is billable; an 11-hour day at the office might only yield eight billable hours. And that is OK.

What does a lawyer do in a new matter?

In the new matter, the lawyer copies the memo, makes sure the research is up to date, tailors the arguments to the current client’s case, and files the brief.

Do summer associates get good at billing?

Most seasoned lawyers recognize that summer associates and young lawyers generally are not good at billing. Most new lawyers don’t get comfortable with billing until they are third- or fourth-year associates.

Can a lawyer bill for travel time?

While the lawyer is on the plane, she uses that time to work on projects for Client 2. Some clients don’t allow lawyers to bill for travel time, and under that circumstance, the lawyer could only bill the time spent working for Client 2 anyway.

Do lawyers have to enter codes into bills?

Some firms or clients require that time entries are made precisely or that lawyers enter codes into the bills that specify the types of tasks performed. If these are requirements at your firm or for your firm’s clients, you need to learn them early and ensure that you strictly follow them.

2 attorney answers

If the matters raised by your ex are truly frivolous, there may be sanctions that can be brought against your ex. Also, if the court can be shown that the pressing of the case is just to cause economic hardship, the court may award attorney fees in the nature of spousal support.

Brian Scott Piper

To be clear, some people use costs of litigation as if they are a weapon. This is not an uncommon thing in this type of litigation. In Ohio, if the litigated processes being abused, you may be able to pursue an action to restrict access to the Courts if the opposing party is determined to be a vexatious litigator under the statute.

Elena Luisa Garella

Neither the other party or other party's lawyer is required to negotiate with you. Nor does the lawyer owe you any ethical obligation.

Rixon Charles Rafter III

There is no "ethical" obligation to speak to you to settle or "compromise" before the commencement of a lawsuit. It sounds as if you are the one who received the threatening letter, which presumably gave you an "either er/or" alternative. By not returning your calls, etc, the lawyer is letting you know that he is not interested in a "compromise" .

Jeffrey Ira Schwimmer

Why not start this process with written correspondence and see where it goes?

What should opposing counsel convey to opposing counsel?

On the one hand, they should convey to opposing counsel that they are ready, willing and able to take the case all the way through trial. After all, most litigators’ best alternative to settling the case — a critical element of leverage — is trying it.

Do lawyers negotiate?

The fact is, lawyers negotiate constantly. Whether you’re trying to settle a lawsuit or attempting to close a merger, you’re negotiating. Yet relatively few lawyers have ever learned the strategies and techniques of effective negotiation. Instead, most lawyers negotiate instinctively or intuitively. It’s natural.

How can a good litigator derail a case?

A good litigator can easily derail a case even before a trial starts by using some procedural checks. Here are some of the most common tricks lawyers play in civil litigation and how you can fight back.

Can a lawyer help you avoid a case?

As the plaintiff, a lawyer can help advise you on how to avoid this particular trick. In some cases, it may be preferable to plead less so that you clearly state a cause of action but avoid ambush by defense counsel. This usually requires pleading the case law, rules of procedure and some facts regarding the case.

Is litigation stressful?

Even for the most experienced of litigators, litigation can be stressful. This is even more true when there is an imbalance in experience due to an experienced trial lawyer facing off against a young or new lawyer or a pro se litigant. A good litigator can easily derail a case even before a trial starts by using some procedural checks.

How much did the attorneys charge for the shoddy work?

According to the AP, the attorneys charged $27 million for three months of shoddy work. In other words, an unprecedented 34% of the recovered sum would be paid to legal fees. The situation was improved somewhat by a judge, who rejected and withheld about $7 million in fees.

Is it justifiable to spend big bucks on litigation?

Like a sick person, a company facing litigation is willing to spend big bucks to get out of a trouble. It's entirely justifiable, and lawyers are only too happy to oblige, billing clients for every minute worked, and then some.

image