what to so when a divorce lawyer is overcharging you

Contact your lawyer and request an itemised bill If you suspect that your lawyer is overcharging you, you should first speak to your lawyer about it. The lawyer may be able to address your concerns such that you do not need to spend further time, energy or money pursuing the matter.

Full Answer

What to do if a lawyer overcharges you?

Jan 16, 2017 · 1. Compare. If possible, find out what your spouse is paying, either by talking to him or her or reviewing bank statements you can still access. If two attorneys are doing …

Is your divorce lawyer over-billing you?

Apr 18, 2015 · If you’re being charged for nasty letters, whiny emails, or otherwise unproductive communication, ask your lawyer to stop fighting with the other lawyer and to move on with …

What should I do if my lawyer does not Bill Me?

Jan 27, 2011 · If you owe the money, and lose in an arbitration, or the lawyer sues you, then you'll owe the money, plus possibly, interest and legal fees. (Look at the retainer agreement.) Before …

Why is my divorce lawyer so expensive?

Sep 15, 2019 · “A lawyer,” the rule states, “shall not make an agreement for, charge or collect an unreasonable fee or an unreasonable amount for expenses.” While legal professionals are …

What does it mean when a divorce lawyer overcharges you?

Over-billing happens when a divorce lawyer charges a client more than is legally or ethically acceptable on an invoice or a bill. In this article, I list all of the signs that your divorce attorney may be over-billing you and I explain the ways to avoid getting over-billed (or even ripped off) by your attorney during your divorce.

Can a divorce lawyer separate their duties from the client?

Getting Personal With the Other Divorce Lawyer – Some divorce lawyers can’t separate their duties to the client from their own negative feelings about the case or the attorney on the other side. These attorneys spend their clients’ money writing pointless, nasty emails, faxes, and letters to the other lawyer.

How do divorce lawyers help?

Overstaffing the Case – Some divorce cases can be very complex and include many witnesses, various legal claims, and thousands of pages of documents and exhibits. In such complex cases, divorce lawyers may bring others with them to help them during depositions, mediation (structured negotiations), court hearings, or trial. However, many divorce cases can be handled by a single, prepared lawyer. Nevertheless, some lawyers will bring an entourage wherever they go for reasons such as: 1 The lawyer is trying to impress others by having a following of staff or other lawyers; 2 The lawyer is disorganized and doesn’t feel comfortable without support at hearings, during depositions, etc.; or 3 The lawyer is trying to maximize billing by overstaffing your case.

What happens if a lawyer doesn't send bills?

Erratic Billing Practices – If your lawyer doesn’t send you bills on a regular schedule (such as the 1st of the month) but instead sends you bills at odd intervals, then your lawyer may not be keeping accurate records of his or her time.

Why do lawyers bring entourage?

Nevertheless, some lawyers will bring an entourage wherever they go for reasons such as: The lawyer is trying to impress others by having a following of staff or other lawyers; The lawyer is disorganized and doesn’t feel comfortable without support at hearings, during depositions, etc.; or.

What is a lawyer trying to impress?

The lawyer is trying to impress others by having a following of staff or other lawyers; The lawyer is disorganized and doesn’t feel comfortable without support at hearings, during depositions, etc.; or. The lawyer is trying to maximize billing by overstaffing your case.

Can a divorce lawyer abuse your position?

Unfortunately, because many divorce clients are emotionally charged, divorce lawyers can abuse their position of trust. A divorce lawyer can encourage clients to fight with their spouse over trivial matters or over issues that have no consequence concerning the ultimate outcome of the divorce.

How to stop a lawyer from overcharging you?

1. Contact your lawyer and request an itemised bill. If you suspect that your lawyer is overcharging you, you should first speak to your lawyer about it. The lawyer may be able to address your concerns such that you do not need to spend further time, energy or money pursuing the matter.

Can a lawyer charge contingency fees?

Under the Legal Profession Act (LPA ) and the Legal Profession (Professional Conduct) Rules (LPR), lawyers are not permitted to charge contingency fees. Hence, lawyers are not allowed to accept a “bonus” for winning a case, or peg their fees to the amount awarded to the client in a dispute.

What are the two types of fees that lawyers charge?

When you hire a lawyer, the legal fees that lawyers typically charge can be split into two categories: Professional fees; and. Disbursements. Professional fees are fees charged by a lawyer for providing professional legal services, and they can be structured as flat fees or hourly fees.

Why do lawyers charge hourly?

More complex matters such as litigation will usually be charged on an hourly basis. This is because it can be difficult to estimate the effort and time taken to represent a client in a complicated and lengthy trial. In some cases, lawyers may charge an hourly rate, subject to a fee cap.

Is a lawyer's fee fair?

As mentioned above, the lawyer fees charged must be fair and reasonable. It is important to bear in mind that each set of circumstances is unique. Therefore, whether the fees are fair and reasonable is judged based on several factors which differ depending on whether the fees relate to a contentious or non-contentious matter.

Is the total lawyer fee reasonable?

In some cases, after looking at the itemised bill, you may conclude that the total lawyer fees charged are reasonable. However, if you still believe that your lawyer is overcharging you, you should raise this concern with your lawyer.

What to do if you are not able to settle a legal dispute?

If you and your lawyer are not able to settle the dispute over legal fees on your own, you can bring taxation proceedings against your lawyer. Taxation is a process where the courts will determine the reasonableness of the legal fees charged by your lawyer, taking into account the factors listed above.

Can a lawyer work on contingency?

Furthermore, getting a lawyer to work on contingency is about as close to getting someone to work for free as you can get because the lawyer is carrying the risk that he/she might not get anything if there is no victory. If you don’t like that arrangement then don’t go on contingency pay the hourly rate.

Why do lawyers exist?

Lawyers exist for 1 reason, to profit from STUPIDITY. Think of every dollar that you spent for legal representation and the stupid factor involved. In this capitalist society, there is always someone to gain from ones unfortunate cirmcumstances no matter how tainted with stupidity they may be.

Is a lawyer a plumber?

Are you kidding me. A lawyer is just like a plumber or any other service provider. However they have a great amount of power. Its a conflict of intrust that one who guides the case and the bill will not do so in the favor of the one who collects the money.

How much is contingency fee?

Contingency fee arrangements usually are 30% to 40% and they often increase the longer the matter goes on. For example, if the matter settles prior to questioning or deposition the lawyer may take 25% and this will go up to 35% the second questioning is completed.

Why do lawyers charge flat fees?

A simple flat fee (plus expenses), agreed to up front, is often best for the client — because it ensures that the cost won’t go over a certain amount . And lawyers often accept a flat fee for simple matters, such as uncomplicated wills or real estate closings.

How much does a lawyer charge per copy?

Some law firms charge as much as 20 or 25 cents per copy, which can really add up if there are thousands of copies. You should push for as little as 10 or 12 cents. Travel time. Most attorneys bill their full hourly rate for time spent in transit for a case.

Do attorneys bill hourly?

Most attorneys bill their full hourly rate for time spent in transit for a case. Savvy clients ask that travel time be billed at half the attorney’s usual rate… or that the attorney be required to use travel time for which he bills you to work only on your case.

Should you be charged for time spent compiling your bill?

Billing for billing. You should not be charged for the time spent compiling your bill or answering questions regarding the bill. Best: Scan your itemized bill for entries related to billing. Try to keep conversations about billing separate from other conversations, and track them in a diary.

Do attorneys bill for travel time?

Travel time. Most attorneys bill their full hourly rate for time spent in transit for a case. Savvy clients ask that travel time be billed at half the attorney’s usual rate… or that the attorney be required to use travel time for which he bills you to work only on your case.

2 attorney answers

I concur in the advice to contact both a malpractice attorney and the state bar. Once you have made a complaint, it will be the attorney's task to justify his fees and bills. Perhaps the case was made more complicated than you realize by the litigative conduct of the other party. But perhaps not.

Christine C McCall

I concur in the advice to contact both a malpractice attorney and the state bar. Once you have made a complaint, it will be the attorney's task to justify his fees and bills. Perhaps the case was made more complicated than you realize by the litigative conduct of the other party. But perhaps not.

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.