what to do when you think your attorney overbilling you

by Mr. Judah Oberbrunner 3 min read

If you think that you were overcharged by your lawyer, you can apply to have the bill assessed. The Costs Assessment Scheme is used to make sure that legal fees were reasonable, and comparative to the amount, and type, of work carried out. The work must have also been done in a reasonable amount of time.

Contact Your Attorney
If your attorney had given you information that is contrary to what is in the bill, point this out. For example, if your attorney said that it would take only one hour to draft your complaint, but the bill says it is three hours' of billable time, ask him or her about the discrepancy.

Full Answer

What should I do if my attorney's Bill is too high?

Sep 15, 2019 · Shutterstock. When you hire a lawyer, your chances of overpaying are considerable, according to one legal expert. “There is potentially 10% to 30% chance of legal bills for overcharging or over ...

What to do if you have a problem with your lawyer?

Feb 10, 2012 · 4. Fourth, a most effective way to deal with attorneys is by Filing a Complaint with the appropriate Attorney Disciplinary Board. In almost every jurisdiction there are Legal Ethics Committees, Attorney Disciplinary Boards, or Legal Licensing Agencies that oversee attorney ethics, licenses, and complaints. By this I do NOT mean state, county or ...

What is law firm overbilling?

Lawyer’s bills should be reasonable. It is important to discuss your situation with an experienced attorney who can build a strong, effective legal malpractice case. Schedule A Consultation At Klein & Wilson. To reach our experienced attorneys about legal malpractice matters call 949-478-0521, or contact the firm by email.

What to do if you have an issue with a bill?

The Client's Guide to Law Firm Overbilling. Law firm overbilling - whether described as the euphemistic "bill padding" or simply "billing fraud" - is a serious problem that is seldom discussed and even less frequently addressed. But rare is the legal bill that does not include at least some "padding." In fact, according to the California State ...

How do you know if a lawyer is scamming you?

Some common signs of a scam include:
  • Payment needs to happen quickly. You can't ask questions or get clarification.
  • It's an emergency. Someone may threaten you or your loved ones.
  • Requests for money usually happen over text, email or phone.
  • The person contacting you is not someone you recognize.
Mar 29, 2021

What to do if your lawyer is scamming you?

If you think your attorney has acted unethically

You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.

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 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.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

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.Nov 2, 2020

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.Feb 12, 2022

How do I fight excessive attorney fees in California?

If there is no local bar program, the State Bar may provide fee arbitration. To start the process, complete a fee arbitration request form from the local bar association and submit the filing fee. Include information about the attorney's fees and costs and explain why you believe the attorney's fees are excessive.

What is an attorney in the UK?

Anyone who likes police or legal fiction will probably have noticed that the U.K. uses the term solicitor where the U.S. uses the term attorney.Dec 18, 2015

How do I file a complaint against a public defender?

You may file a complaint with the prosecutor's office directly. You may also file the complaint with the police, and then the police will be the one to endorse your case to the prosecutor's office after investigation.

Who or what regulates attorneys in California?

The State Bar of California's
The State Bar of California's principal mission is protecting the public, primarily through a rigorous licensing process, regulating attorneys, prosecuting complaints of lawyer misconduct and promoting ethical conduct.

How do I file a complaint against an attorney in NJ?

If you believe that your lawyer has engaged in unethical conduct, you should call the toll-free number 1-800-406-8594. If you enter the five-digit zip code of the attorney's office, you will be connected to the district ethics secretary to request an Attorney Grievance Form.

What is an example 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.

Why is my lawyer's bill inflated?

A bill may be inflated due to bill padding, where the time a task took is exaggerated. Overbilling may also result from task padding, where a lawyer bills for unnecessary tasks. Both issues are often difficult for clients to uncover on their own.

Why is my bill inflated?

Evaluating whether a bill is inflated requires broad experience in a wide array of subject matters. A bill may be inflated due to bill padding, where the time a task took is exaggerated. Overbilling may also result from task padding, where a lawyer bills for unnecessary tasks.

Is overbilling a legal problem?

Law firm overbilling - whether described as the euphemistic "bill padding" or simply "billing fraud" - is a serious problem that is seldom discussed and even less frequently addressed. But rare is the legal bill that does not include at least some "padding.". In fact, according to the California State Bar, most bills are inflated ...

What is overbilling law?

Law firm overbilling - whether described as the euphemistic "bill padding" or simply "billing fraud" - is a serious problem that is seldom discussed and even less frequently addressed. But rare is the legal bill that does not include at least some "padding." In fact, according to the California State Bar, most bills are inflated at least 10-30 percent. This article describes three common ways legal bills are inflated and provides tips to help clients identify problematic billing practices.

What percentage of lawyers are block billed?

Approximately 90 percent of law firm clients who are billed on an hourly basis are “block billed.” Block billing is an accounting technique whereby lawyers aggregate multiple smaller tasks into a single "block" entry, for which a single time value is assigned. In theory, the total time charged equals the sum of the duration of each discrete task. For example, after spending five minutes on a phone call, 35 minutes revising a junior associate’s draft motion and three minutes dashing off a brief e-mail to the client, the attorney should bill the client for seven-tenths of an hour. Unfortunately, in far too many cases, the final block-billed entry for these tasks will end up looking something like this:

How long does a lawyer have to submit a daily submission?

Now consider that, at least according to the California State Bar and nearly every state and federal court in the country, most lawyers' daily time submissions contain anywhere from thirty minutes to three hours of time billed to clients that was not actually worked.

Should senior partners bill partner rates for associate level tasks?

The problem arises when hourly rates are not discounted to reflect that the senior person is actually doing lower-level work. But senior partners should not bill partner rates for associate-level tasks and lawyers should never bill for paralegal work.

Do law firms charge for secretarial work?

But firms should never charge clients for secretarial work, clerical work or word processing.

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.

David Bradley Dohner

I could not agree more with my erudite colleagues and I suggest that you consider their sage advice before you jump to the conclusion you appear to be racing toward.

Stuart M. Address

I'm hoping you have an attorney client issue rather than a question from the movies. If you believe that your attorney has padded their bill excessively, you should first put your concerns in writing to the attorney and see if you can resolve the situation.

David Lloyd Merrill

Mr Hackworth is exactly right -- jumping straight to trying to prosecute before speaking with the lawyer makes no sense. And also unlike the movies, most lawyers are honest, hardworking people who are just trying to honestly and ethically earn a living...

Can a lawyer charge a lower fee?

Lawyers have flexibility in their agreements and may choose to charge a particular client a lower rate or not to charge after a certain amount has been incurred in the case. If you do not like the arrangement with that lawyer, you can always hire a different one. If you have received a bill after you signed your fee agreement, ...

Can a mediator take a percentage of a dispute?

However, there may be a minimum fee to participate, and the mediator may be allowed to take a certain percentage of the fee that is in dispute. Even with these drawbacks, you may incur fewer expenses this way than if you had to litigate the case, and the issue may be resolved more quickly than going to court.

What is the maximum amount of damages a person can seek in a small claims court?

There are certain jurisdictional limits regarding the maximum amount of damages that a person can seek in small claims court, such as $5,000.

What is mediation in court?

Mediation is less like a trial and more like a discussion. Both parties appear before a neutral trained mediator. They may all be in the same room or they may be put in different rooms as the mediator moves back and forth. The goal is to reach a resolution that both parties are satisfied with without having to go to court.

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.

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 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 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 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.

Where to go if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

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.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.