Question about fees

[Jacob P.]

Jurisdiction

California

I hired an attorney to draft and send a simple letter for me. Every point he made in the letter were things I had told him directly in emails or in documents. He overcharged me for the work that he actually did. To review the documents and put together the letter should've taken at most two to three hours, and even that's being generous. The first bill was nominal but then the next bill I found that, without warning, he had not only exhausted the retainer but billed for more than twice its value. The itemized bill shows all kinds of research but the actual product that I got from him, the letter, only reiterates points I had made to him in an email. I have a few questions about the situation: 1) Is there any obligation for attorneys to warn clients when the retainer has been exhausted? Is billing more than twice the retainer without warning considered fair? 2) What about fees for work that ultimately isn't utilized in the work product?

 

[adjusterjack]

You might find the answers to those question on the California Bar's fee dispute web pages.

Fee Disputes (ca.gov)

Or, just file a fee dispute if you feel overcharged.

 

[Jacob P.]

You might find the answers to those question on the California Bar's fee dispute web pages.

Fee Disputes (ca.gov)

Or, just file a fee dispute if you feel overcharged

Thanks for this response. I have reviewed the info on the CA bar website, but I'm still unsure about whether or not all this "research" and "emailing" the attorney did was justifiably billed for, given that the actual product they produced did not incorporate any of this. Everything he put into the letter was stuff that I had told him in emails. All the research and emails and calls he billed didn't actually go towards the actual work product. Can he still legitimately bill for all of that?

 

[Zigner]

Thanks for this response. I have reviewed the info on the CA bar website, but I'm still unsure about whether or not all this "research" and "emailing" the attorney did was justifiably billed for, given that the actual product they produced did not incorporate any of this. Everything he put into the letter was stuff that I had told him in emails. All the research and emails and calls he billed didn't actually go towards the actual work product. Can he still legitimately bill for all of that?

The attorney needed to do research to make sure your "stuff" was correct.

 

[welkin]

The attorney needed to do research to make sure your "stuff" was correct.

Why? All the attorney was hired to do is write a letter using the information provided by the client, not litigate a case. Something like to write a letter should have been done as a flat fee.

There are unscrupulous attorneys out there.

 

[Zigner]

Why? All the attorney was hired to do is write a letter using the information provided by the client, not litigate a case. Something like to write a letter should have been done as a flat fee.

There are unscrupulous attorneys out there.

Because the client dictated the contents of the letter, the attorney would be foolish not to do research, as required.

 

[welkin]

I hired an attorney to draft and send a simple letter for me. Every point he made in the letter were things I had told him directly in emails or in documents.

Because the client dictated the contents of the letter, the attorney would be foolish not to do research, as required.

As required by whom?

We don't know the subject matter of the letter but let's say it is a Cease and Desist letter. Tell me what would warrant an attorney to investigate the facts provided to him by the client?

I would agree that if you ask an attorney to file a civil suit, he/she would not want to sign their name to something frivolous and would want to know that the facts and the law would support the request to file. But a simple letter? I don't see it.

 

[Zigner]

As required by whom?

As required by the nature of the contents that were dictated.

We don't know the subject matter of the letter but let's say it is a Cease and Desist letter. Tell me what would warrant an attorney to investigate the facts provided to him by the client?

As you alluded to, we don't know the actual content of the letter. My statement is that any responsible attorney would do research as required. It's entirely possible that the contents of the letter, as dictated, did require research.

 

[Jacob P.]

The attorney needed to do research to make sure your "stuff" was correct.

Yes, but even given this, this should've taken no more than three hours, and even that is being generous. No more than 15 pages of documents that even a layperson like me has no trouble reading and understanding.

However, he billed dozens of hours for "research." Literally every phrase and sentence in the letter is lifted directly from the documents I provided. He definitely overcharged, but I'm not sure how to necessarily prove that, aside from showing that for the output of work the number of hours billed is ridiculous.

 

[adjusterjack]

Again, file a fee dispute.

Fee Disputes (ca.gov)

They'll figure it out one way or the other.

 

[Jacob P.]

Again, file a fee dispute.

Fee Disputes (ca.gov)

They'll figure it out one way or the other.

I reviewed the linked website - thank you - but unfortunately the window for arbitration has passed.

 

[adjusterjack]

unfortunately the window for arbitration has passed.

Then I see two options.

1 - If you haven't paid in full, try to negotiate a settlement, maybe discounted for cash. Get a written agreement.

2 - If you haven't paid, don't. Then when you get sued, you defend.

3 - If you have paid, you are done. Nothing written here will help you.

 

[Jacob P.]

Then I see two options.

1 - If you haven't paid in full, try to negotiate a settlement, maybe discounted for cash. Get a written agreement.

2 - If you haven't paid, don't. Then when you get sued, you defend.

3 - If you have paid, you are done. Nothing written here will help you.

I have paid, unfortunately. Couldn't I sue them in small claims, as well? The amount is less than the jurisdictional limit thankfully.

 

[adjusterjack]

Couldn't I sue them in small claims, as well?

Sure.

But you aren't likely to win.

You passed up the right to a fee dispute and paid the bill.

You don't get to challenge it now.

Move on.

 

[zddoodah]

Is there any obligation for attorneys to warn clients when the retainer has been exhausted?

No, unless the retainer agreement expressly provides for such a warning.

Is billing more than twice the retainer without warning considered fair?

Considered by whom?

What about fees for work that ultimately isn't utilized in the work product?

What about them? Not every bit of work done by an attorney directly manifests itself in written work product.

Given that we have no specifics, there is no way for anyone here to assess your concerns.