can you sue a client who owes you money for attorney fees

by Edmund Beatty Sr. 8 min read

Suing every client who owes you money is not a good business practice. As Anderson points out, “Not only does a suit for fees often lead to a counterclaim for legal malpractice, not to mention the OLR [Office of Lawyer Regulation] grievance potential, the counterclaim makes the legal malpractice claim much more difficult to defend.

It is meant to solve disputes quickly and the process is straightforward enough that most people don't hire a lawyer to represent them in small claims court. You can only file in small claims court if the amount owed to you is under a certain dollar amount.Mar 28, 2019

Full Answer

Can I Sue my Lawyer for unpaid attorney fees?

Apr 14, 2008 · When lawyers sue for payment of fees, they are often met with malpractice claims either as an offset (counter-claim) or direct attack (cross-complaint). Of all the suits filed by lawyers to collect their fees, 10 percent arise as a result of counterclaim; 30 to 40 percent of the malpractice claims come from cross-complaints.

Can a lawyer sue a client for filing a collection action?

May 01, 2015 · Some lawyers believe suing a client for fees should be a last resort. So is there ever a good time to sue a client for fees? Probably not, but sometimes doing so is unavoidable. If you find yourself in a situation in which you are considering suing for fees, Anderson encourages you to answer the following questions before you pull the trigger:

Is it worth it to sue a client for fees?

If the client still hasn't paid you, send a final demand letter before filing a lawsuit. A final demand is much the same as the debt collection letter described above, but it usually more clearly states that you intend to sue if the client doesn't pay. You can …

What happens if a lawyer refuses to pay a fee?

Mar 13, 2017 · Lawyers can sue clients for unpaid fees. The Ontario Divisional Court has issued a stinging criticism of the processes lawyers have to follow to retrieve unpaid fees from clients and the provincial government’s failure to address backlogs in that system. In a recent decision concerning a dispute between Gilbert’s LLP and two clients who refused to pay their bills, the …

How do you take legal action against someone who owes you money?

Depending on your circumstances and the type of case, you may be able to have legal aid provided free of charge.Step 1: Filing Your Complaint and Paying Filing Fees. ... Step 2: Serving the Lawsuit and Court Dates. ... Step 3: Attend Court Hearing. ... Step 4: Final Ruling and Collecting Debt.Jul 13, 2021

Can you recover legal fees?

Recovery of legal costs is always at the discretion of the court. There isn't an absolute right to recover your legal costs, even if you win. The court will need to exercise its discretion before making a decision.

What can I do if someone owes me money and refuses to pay?

Taking someone to small claims court. Does someone owe you money but won't pay up? You can take them to a small claims court to regain your cash (and your temper).Sep 29, 2015

What are good reasons to sue?

Top 6 Reasons to SueFor Monetary Compensation. You can litigate against an entity who has committed some negligent action through which you suffer an injury. ... For Protecting Your Property. ... For Replacing a Trustee. ... For Getting a Divorce. ... For Enforcing the Terms of a Contract. ... For Discrimination and Harassment.

What does litigation recovery mean?

Litigation Recovery means any cash or other property received by the Partnership or the Liquidating Partner, as applicable, from all or any portion of the Litigation including, but not limited to, awards of damages, attorneys' fees and expenses, interest and punitive damages, whether recovered by way of settlement, ...

How do you challenge a bill of costs?

You should either challenge it directly with your solicitor, by asking them to commence detailed assessment proceedings, or failing that, by asking the Senior Courts Costs Office to make a detailed assessment of the bill. If they find it is unreasonable they will reduce it.

How much does it cost to take someone to small claims court in Iowa?

You will then electronically file the appropriate small claims Original Notice form and pay the $95 filing fee. The official forms to use in Iowa small claims cases are available free of charge on this website. You may have an additional cost for having the petition served on the other party.

What to do if someone refuses to pay you back?

What to Do When Someone Doesn't Pay You BackGive gentle reminders. People are busy, and sometimes they forget about the money they owe. ... Renegotiate payment terms. ... Have them pay you with something else. ... Get collateral. ... Offer to help with financial planning. ... Ask to use their credit card.Mar 24, 2021

Can I report to police if someone owes me money?

Unfortunately, you can't go to the police if someone owes you money. Personal loan cases are treated as civil cases instead of criminal cases, so the police will not be able to assist you.Aug 24, 2020

Can I sue someone for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.Sep 29, 2021

What are the easiest things to sue for?

The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...

Is suing someone worth it?

Is Going to Court Worth It? Again, it just depends on the specifics of your case. If you have a strong case and a good attorney, suing a person might be worth the costs. But if your case isn't as clear and you don't have a large budget, you may want to think twice before going to court.

Is The Amount of Unpaid Fees and Expenses significant?

Is A Judgment Collectible?

  • Attorneys and law firms should also assess the likelihood that a judgment against a client would be collectible. When an attorney or firm knows the likelihood of collecting on a judgment against a client is low, the risk and expense of obtaining a judgment may outweigh the potential benefit. The best advice is for the attorney to take off his or her lawyer hat and replace it with a business hat…
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What Is The Likelihood of Success?

  • Every attorney believes the amount of his or her fees is justifiable. Therefore, the attorney pursuing an unpaid fee is often the worst person to ask about the chances of success in establishing the reasonableness of the fee or the value of the legal services. An independent review by another attorney within the lawyer’s firm who did not work on the matter is best. This p…
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Is Asserting An Attorney’s Lien An Option?

  • When contemplating a suit against a client or former client for fees, the attorney or law firm should consider whether to assert an attorney’s lien. Under Colorado law, there are two types of such liens: the retaining lien and the charging lien. Both retaining liens and charging liens are created by statute.3 A retaining lien gives the attorney the right to retain any money, securities, b…
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Is Fee Arbitration An Acceptable Alternative?

  • The CBA Legal Fees Arbitration Committee reviews arbitrators’ decisions on attorney fees and publishes the procedures for the arbitration process.22 The advantage of fee arbitration is that it typically shifts the attorney’s focus from whether the attorney collects unpaid fees and expenses to how much the attorney could collect.23After assessing the risks and the costs associated wit…
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Conclusion

  • Deciding whether to sue a client for unpaid fees and expenses requires a careful and in-depth analysis of the risks and benefits of bringing such a claim. Attorneys should be wary of the risk of a malpractice counterclaim, as well as the financial risks associated with a collection suit.
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Notes

  • 1. See Browne, “Fee Collection Checklist,” Lawyers Perspectives Newsletter2 (Sept. 2010), www.cavignac.com/publications/publications-lawyers-perspectives/lawyers-perspectives-suing-for-unpaid-fees-think-again. 2. See CBA Formal Ethics Comm. Op. 20: Fee Collection at 4-17 ( June 21, 1997), www.cobar.org/index.cfm/ID/22347/CETH/Formal-Ethics-Opinions. 3. CRS § 12-5-120 …
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