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.
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.
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.
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.
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.
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.
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.
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).
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.
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.”
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.
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.
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.
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 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.
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.
If your attorney agrees to your compromise, make sure you receive a new bill with the correct amount before you send payment.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Neither the other party or other party's lawyer is required to negotiate with you. Nor does the lawyer owe you any ethical obligation.
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" .
Why not start this process with written correspondence and see where it goes?
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.
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.
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.
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.
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.
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.
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.