Attorney's fees

[Bob's fed up]

My attorney has billed me at a higher rate than what I contracted him - can he do that without notice? I'm from Texas.

 

[garrula lingua]

Did you sign a fee agreement ?
Talk to the atty about the rate.
If the atty is billing differently than the fee agreemt, you can report it to the state bar, or the local bar for fee mediation (if provided).

 

[garrula lingua]

go to:
http://www.texasbar.com and to client complaint for further info.

 

[Bob's fed up]

I discussed the increased fees with a senior partner in the firm - he said that his rates increased as his experience increased. According to the contract I signed it specifically stated his rate was 150.00 per hour. No mention of being able to increase at all. I have filed a complaint with the state bar on him regarding his lack of communication and it was denied - which baffles me because I have e-mails regarding this and it is not disputed that he didn't inform me of an affidavit filed 3 weeks before my mediation - which everyone else knew about - even the mediator - but I was not informed until after mediation. I'm not sure what good the state bar is when they let an attorney get away with that type of negligence.

 

[garrula lingua]

It sounds like you had several issues with this lawyer:
One was lack of communication, which appears to be the issue for which you reported him (?) and the State Bar did not find a violation.

Second was the fee charged. I've never heard of increasing the rate as you "learn", when you contracted for a specific rate. (Did this case go on for several years?) This sounds totally unethical, unless a second written contract was signed by both you and the attorney.

???maybe the weaker issue of communication was presented to the Bar ??

You can still file a separate report to the Bar, SOLELY regarding the fee, or
you can take the attorney to small claims court (which is embarrassing for the atty). Be sure to present your copy of the contract and his billing statement which shows the difference. If you file at small claims, attach both to the complaint, and bring all your billing records to court. Also, sue the attorney AND the lawfirm (2 defendants).

Good luck.