what to do if an attorney gets too expensive

1. Talk to Your Lawyer Your first step should be to simply explain your concerns to your lawyer. ...
2. Fee Arbitration If discussing your bill does not resolve the problem, a good option to consider is fee arbitration. ...
3. Filing a Lawsuit

Full Answer

What to do if your lawyer stole from you?

The Lawyer Is Dishonest or Totally Incompetent. If your lawyer has actually stolen from you or acted with gross incompetence, the authorities in charge of disciplining lawyers in your state should show some interest. File a complaint with your state's lawyer discipline agency.

What to do if your attorney makes an honest error?

In most cases, you should give your attorney the benefit of the doubt that an honest error was made and give her a chance to correct it. However, if you had a negative or difficult relationship with the attorney, you may want to proceed with writing a formal letter rather than making a phone call first. Use standard business format.

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. ...

How much do lawyers charge for a case?

Some attorneys charge different amounts for different types of work, billing higher rates for more complex work and lower rates for easier tasks. Attorneys usually bill in 1/10 th of an hour increments, meaning you will be charged 1/10 th of the hourly rate for every 6 minutes the attorney spends on your case.

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 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 a lawyer ask for more money?

Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.

What's the highest percentage a lawyer can charge?

No matter when the claim settles or how much, the legal representative usually cannot take more than the 33.33 percent of compensation awards. However, most of the fees and expense the lawyer will acquire through the completed case are in the fine print of a legal agreement between client and lawyer.

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.

How often should I hear from my attorney?

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.

How do you negotiate with a lawyer?

How to Negotiate With an AttorneyResearch First. Start by getting a basic understanding of the different ways that lawyers can charge you. ... Consider a Flat Fee. ... Consider an Hourly Fee. ... Consider a Contingency Fee. ... Ask for Fees in Writing. ... Cut the Extras. ... Look Outside Your Area. ... Explore Your Options and Find a Cheaper Attorney.More items...•

What is a flat fee for a lawyer?

Flat Fee. A flat fee is when a lawyer charges a specific, total fee. Lawyers typically offer flat fees for cases that are relatively simple or routine, such as creating a will, getting an uncontested divorce, or resolving a traffic ticket.

Why do lawyers often try to negotiate?

Information is Power — So Get It! Self-described “expert” lawyer-negotiators often enter negotiations with arguments intended to persuade the other side of the legitimacy of their positions. Unknowingly, they're giving up power from the first time they open their mouths.

What is a true retainer fee?

In a “true” retainer fee arrangement, in exchange for the client's payment of an agreed-upon amount, the attorneys commit themselves to take on future legal work for the hiring client, regardless of inconvenience, other client relations, or workload constraints.

How much does a lawyer take from a settlement?

Typically, the percentage is between 15% and 33% including VAT.

How long is a lawyer retainer good for?

A lawyer cannot claim the retainer fee until they have completed work and provided an invoice to the client. The retainer is still the possession of the client until used for legitimate expenses as detailed in the retainer agreement. The amount in the trust account will not expire.

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.

What should be included in a fee agreement?

Your fee agreement should include details on how often you'll be billed, how costs will be computed, and the rates at which the attorney will bill for work completed.

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.

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.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

Why do lawyers need to put contracts in writing?

A written contract prevents misunderstandings because the client has a chance to review what the attorney believes to be their agreement.

What are the biggest concerns when hiring a lawyer?

Attorney fees and costs are one of the biggest concerns when hiring legal representation. Understanding how attorneys charge and determining what a good rate is can be confusing.

What is flat rate legal fees?

Flat rate legal fees are when an attorney charges a flat rate for a set legal task. The fee is the same regardless of the number of hours spent or the outcome of the case. Flat rates are increasingly popular and more and more attorneys are willing to offer them to clients.

What are the costs of a lawsuit?

Some common legal fees and costs that are virtually inescapable include: 1 Cost of serving a lawsuit on an opposing party; 2 Cost of filing lawsuit with court; 3 Cost of filing required paperwork, like articles forming a business, with the state; 4 State or local licensing fees; 5 Trademark or copyright filing fees; and 6 Court report and space rental costs for depositions.

What factors determine if a lawyer's fees are reasonable?

Factors considered in determining whether the fees are reasonable include: The attorney’s experience and education; The typical attorney fee in the area for the same services; The complexity of the case; The attorney’s reputation; The type of fee arrangement – whether it is fixed or contingent;

What happens if a trust account dips?

The agreement may provide that if the amount in the trust account dips below a certain amount, the client must replenish it by putting more funds into the account. If there is money from the retainer fee remaining at the end of the representation, the attorney is required to refund that amount to the client.

How often do attorneys bill?

Attorneys usually bill in 1/10 th of an hour increments, meaning you will be charged 1/10 th of the hourly rate for every 6 minutes the attorney spends on your case. The most common billing frequency is monthly, however, some attorneys will send bills more frequently, others less frequently.

Why do attorneys charge hourly rates?

The reason most attorneys still use hourly rates is that they often do not know how much work will be required to solve a given legal problem. Unlike selling a widget– where one can quite easily calculate the cost of production and then sell the widget at a price sufficient to cover the production costs and either pay the Seller a salary or profit– attorneys may not know at the outset all the facts of the case, how a judge might rule, whether the other side is reasonable and will settle or take the case all the way up on appeal. While a cynic could certainly argue that attorneys have a vested interest in working slowly or dragging things out as long as possible to increase billable hours, the truth is that attorneys are very aware that their reputation is more valuable than a few extra hours. Therefore, most attorneys have strong motivation to work efficiently and get results for their clients.

Do attorneys demand payment?

Attorneys are probably the last and only professionals that demand payment up-front. When you go into a restaurant, they don’t ask that you pay for your meal before it’s cooked and you start eating. When you go into a doctor’s office, they don’t demand payment before they treat your illness. However, the legal industry has a few factors that are unique. First, unlike the food/restaurant industry, the amounts at stake are much higher. If a diner skips out on a $20 dinner, the restaurant can likely stay in business. If a client skips out on a $5,000 legal bill, that attorney is going to have a significant shortfall. Second, unlike the medical industry, there is frequently no insurance. Meaning: There is no one to back up the client if they rack up a substantial bill. The attorney is counting on the client– and the client alone– to pay the bill. Third, the matters often handled by attorneys are serious. There are often large amounts of money at stake, there are significantly important issues at stake (e.g. child custody, prison time for criminal defendants, the survival of a company or business, etc). This all means that there may be a great amount of work involved.

Is an attorney's hourly rate higher than an hourly rate?

However, the hourly rate for an attorney is typically always much greater than the hourly rate for a plumber, a therapist, or a nurse. There are several reasons why hourly rates for attorneys are so expensive:

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.

How to Choose the Best Lawyer for Your Divorce

The old saying, “You get what you pay for,” applies to lawyers as much as to anything else you spend money on. When it comes to lawyers, you must decide what your endgame is.

What a Sophisticated, Experienced Attorney Can Do for You

Often times, an expensive divorce attorney can actually save you time and money by mediating an amicable resolution between you and your spouse without necessary litigation in court. The reasoning is that the one thing both parties can usually agree on is that they don’t want more assets and resources to go to their attorneys than necessary.

What Should be Handled by Your Attorney and What Should be Handled by Other Professionals

Parenting decisions are best decided with the help of counselors and psychologists, NOT attorneys. Why? Because attorneys advocate more for their individual client, while counselors are looking at the best interests of the children. Financial decisions are best made by financial planners.

Why Not to Rush the Legal Part of Finalizing Your Divorce

People complain about the amount of time that it takes to get divorced, but slowing the process of a divorce can actually be a good thing.

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.