what to do when your lawyer is billing you and not providing the legal advice

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

When do lawyers get comfortable with billing?

Most new lawyers don’t get comfortable with billing until they are third- or fourth-year associates. Don’t beat yourself up if you aren’t good at billing yet—being a good biller (i.e., someone who is efficient at capturing all their billable time and who rarely has clients challenge or refuse to pay bills) comes with time and practice.

What to do if your lawyer is not working on You?

1 Communicate. If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns. 2 Get your file. If you can't find out what has (and has not) been done, you need to get hold of your file. ... 3 Research. ... 4 Get a second opinion. ... 5 Fire your lawyer. ... 6 Sue for malpractice. ...

What to do if your lawyer takes money from you?

If you believe that your lawyer has taken or improperly kept money or property that belongs to you, contact the state client security fund, client indemnity fund, or client assistance fund. The state or local bar association or the state disciplinary board can tell you how to contact the correct fund.

Why is it important to get your legal billing right?

Whether you work for a large firm or you run your own private practice, getting your legal billing right is absolutely crucial. After all, your business can’t thrive without steady payments.

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 should I do if my lawyer isn't communicating with me?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.

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.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

How do I write a letter to dispute a legal fee?

I am writing to dispute a charge of [$______] to my [credit or debit card] account on [date of the charge]. The charge is in error because [explain the problem briefly. For example, the items weren't delivered, I was overcharged, I returned the items, I did not buy the items, etc.].

What is reasonable response time for a lawyer?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

How often should you hear from your lawyer?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

Why do lawyers not return phone calls?

So often when a lawyer does not return your call for a few days it may simply mean your lawyer is busy getting some important work done in your case or in another client's case. There is nothing going on with your case.

Can lawyers lie to their clients?

The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.

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.

Can your lawyer snitch on you?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

How to prevent a client from flagging a bill?

Every task description should identify the activity with sufficient detail to assess its necessity and relevance to the project. Along with a detailed description of the task, each time entry should include the date the task was performed, the timekeeper who performed it, the time spent performing the task and the total fee.

What to do if you are new to a task or area of law?

Training . If you are new to a task or area of law, your inexperience may require extra time to complete the project. Clients are becoming increasingly intolerant of inexperience and are less willing to pay for the costs of training a new employee or for a legal professional to “get up to speed” on a file.

Why should you consider the cost of the service relative to its value to the client?

Because litigation disbursements greatly impact a client’s total budget, you should consider the cost of the service relative to its value to the client. For example, is it necessary to Federal Express every piece of correspondence to your expert when the trial is six months away?

Do law firms pay for interoffice conferences?

Clients often refuse to pay for conferences between law firm personnel; they view the coordination, consultation, and discussion of a case or project between firm professionals as part of doing business and thus part of the firm’s overhead. Interoffice conferences can also become a substantial expense for the client as several professionals are simultaneously billing for the same conversation.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

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 you get credit for billable hours?

At most firms, you will still get credit toward your billable hour goal for all the time you enter into the firm’s billing software, even if not all of that time is billed to the client. Sometimes associates are embarrassed by the amount of time they spend on work they view as “easy.”.

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.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.