Massive fees are a joke, but actually disagreeing with your attorney's fees is no laughing matter.You may have been happy with your attorney's work, but then you got the bill.You may have fired your attorney after a series of run-ins and poor communication, only to receive a bill for services you don't think he performed.There are ways to dispute attorney's fees without having to take a lawyer to court.
Step 1: The initial fee agreement needs to be reviewed.
When you hired the attorney, you should have a written fee agreement with him.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 should be included in your fee agreement.If the billed amount turns out to be higher than the estimate, that doesn't mean you were over charged.Understand how the attorney calculates his or her fees and how billing works.If you don't see how it works for yourself until you get your first bill, you may think you know what you're talking about.Call your attorney if you have any questions about the fee agreement.
Step 2: Look at your bill.
To find areas where you might have been over charged, look at the bill in light of the fee agreement, your own records, and your knowledge and understanding.Attorneys bill their clients in different ways.This attorney's bill may be different from the one you received from another attorney, but that doesn't mean you were over charged or the bill is incorrect.The first bill should include details on how the retainer was exhausted, if you paid an upfront retainer.In six-minute intervals, most attorneys bill.If your bill shows a phone call with the opposing attorney, that means the attorney spent 18 minutes on the phone.If your attorney charges $200 an hour, you should be billed $60 for the phone call.Make sure the math is correct for each entry.Incorrect calculations on the bill can lead to fee disputes.This can happen even if the bill is automatically generated by the attorney's billing software.You should pay attention to the descriptions for time spent on your case, and think about whether that time was necessary.If your lawyer claims to be an expert in family law and is a member of several societies, it may be worthwhile to bill you hours for research.If several attorneys are working on your case, you should look at the time billed for each and see if they are duplicating each other's work, driving up your bill.To make sure you're not being over-billed for phone calls or meetings that never happened, check your own records of your interactions with your attorney.The rate at which you were billed should be compared to the description of the services.You should not have to pay a higher attorney rate for clerical tasks.
Step 3: You should call your attorney.
If you want to dispute the bill, you should allow your attorney to review and explain it.The attorney may not have seen the bill before it was sent, or she may have given it a cursory glance as she signed it.Typically the bills are either automatically generated by the attorney's billing software or prepared by an assistant, and there may be an error of which your attorney was not aware.This is true if you worked out a special agreement with your attorney.If she agreed not to charge you for copies, but there's a line on your bill, it may be that the bill was automatically generated and she forgot to remove the cost before it was sent.You should give your attorney the benefit of the doubt that an honest error was made and give her a chance to correct it.If you had a difficult relationship with the attorney, you may want to write a formal letter instead of making a phone call.
Step 4: The standard business format can be used.
You can use the template in your word processing application to write business letters.Send a letter with your name, address, and firm name as well as the attorney's name.For identification purposes, you should include the account number or client number given to you by the firm.The case name and the date of the bill you're disputing should be included on the subject line of your letter.
Step 5: State that you don't agree with the fees.
Begin your letter with a clear statement that you disagree with the charges.List the items you disagree with, and identify the bill by its date.If you want to dispute more than one item, you should format them in a bullet point list.Provide a description of why you dispute the charge.
Step 6: A detailed accounting is what you want.
If you don't understand the charges, you should ask the attorney to give you a detailed bill.An itemized list with a description of each individual service or cost should have been included in your bill.You have the right to see this level of detail if it wasn't included in the original bill.
Step 7: Suggest a solution.
You may be willing to pay an alternative amount that you think is fair.If you are willing to work towards a solution that will satisfy both of you, you should keep your tone firm and professional.Don't use this letter to complain about the quality of representation, and avoid making accusations or insults.
Step 8: You have a deadline to close your letter.
You should give the attorney a week or two to respond to your letter.You can request a response by the date.If you intend to submit the matter to arbitration but don't want to follow through with threats, you can indicate your plans.When writing to an attorney, remember that he is not going to be intimidated by a threat to file a lawsuit.Before you send payment, make sure you receive a new bill with the correct amount.
Step 9: The letter can be sent using certified mail.
You can use this method to prove the letter was received by your attorney.You should make a copy of your letter after you sign it, but before you mail it.If you include a copy of the bill in your letter, the attorney can look at it while he reads it, instead of having to pull it up from his own records.You might want to include a copy of the initial fee agreement in your letter.Attorneys usually include copies of any documents referenced.
Step 10: Check with your state bar association.
Fees can be used in many bar associations.If you are a member of a state or local bar association, you may be able to choose between mediation or arbitration.A neutral third-party works with you and your attorney to come to a compromise, but he or she doesn't make a decision on the matter.An attorney or a retired judge will listen to both sides and make a decision if you choose to use the alternative method of dispute resolution.The mediation process gives you more control over the final outcome, because the mediation doesn't have the power to dictate a resolution to the case.Find out if it's voluntary or mandatory if the bar association only offers it.If you wanted to continue to dispute the fee, a lawsuit would be your only option.Find out if you are eligible for the program by filling out the form.In some states you have to make an effort to resolve the dispute on your own before you can use mediation.Typically the bar association will only work with attorneys licensed in that state, and on disputes regarding bills for legal matters conducted within the state.If you retained a lawyer to work with you on a case tried in a different state, this might be a factor in which state's arbitration program you're able to use.
Step 11: The form needs to be filled out.
You must use the request form from the bar association to initiate the proceeding.You can get this form by calling or writing the bar association.You can download the form from the bar association's website.The form will include questions about when you hired the attorney and what he did, as well as details about your fee dispute.If you have the ability to attach documents as exhibits, you should do so.The committee that reviews your application should have all the information they need to understand the dispute.Before you send your application, make a copy of everything you submit.
Step 12: Wait for the review.
The request must be reviewed by a committee before it can be used.The bar association must contact your attorney to find out if he or she is willing to submit to binding arbitration if the program has a voluntary system.
Step 13: Do you want to sign the forms?
Most programs have a written consent form which you must sign to be bound by the decision.The bar association will send you a notice of the date, time, and location of your hearing once the arbitrators have been selected.If you have to appear in person or if the hearing will be conducted by conference call, your notice will give you instructions on how to prepare, as well as a basic outline of the procedure that should be observed.
Step 14: Prepare for your hearing.
You should still prepare as if you are going to court, even though it is less formal than a trial.Depending on the rules in your state, you can introduce exhibits and call witnesses.You might consider talking to someone if you are allowed to have an attorney represent you.An attorney with experience in handling attorney's fees disputes is a must.Take with you any documents related to the fee dispute.You can present your case in an organized fashion if you write notes about the items you dispute in your bill.
Step 15: Attend your hearing.
Some bar associations use a conference call system to hold fee dispute hearings, while others require you to be physically present at a live hearing.You may only have a single arbitrator if the dispute is small.In most states, the bar association provides a three-person panel to adjudicate disputes over $10,000.At most of the panels, there will be at least one non-attorney arbitrator.Both you and your attorney will be able to speak at the hearing.The rules of evidence and procedure are more relaxed than a formal trial, but that doesn't mean the hearing is any less trial-like.You must wait to receive written notice of the decision after the hearing if you want to be in a position to challenge it.You should get word of the decision within 30 days.