Billing practices question.

[CJane]

What is the name of your state? MO

The attorney that handled the bulk of my custody trial was given a $4000 retainer. Toward trial, I asked her for an itemized accounting of how much, if any, of the retainer was left, and she said "Don't worry about it, you're good."

Trial was March 24, 2006.

Appeal was filed by the ex in June 2006. I received a letter from my attorney, stating that she is NOT an appeals attorney and I needed to find a different attorney to represent me. She stated that she would be officially withdrawing from my case the following week.

I met with her prior to that date, and she introduced me to her husband who IS an appeals attorney. He agreed to take my case for a flat rate. I paid him a retainer of $500 and he began work on my response brief.

I never heard from my original attorney again. The one time I spoke to her, she said "You have other counsel. I cannot discuss anything with you now." I did ask my new attorney if he could get a message to her since they were married, and tell her that I needed an itemized statement to provide to my step-mother since she'd paid the retainer for me. He later told me that he'd spoken to her, and that she'd said that she had no intention of billing me because she knew I couldn't afford to pay more. That was in November 2006.

Fast forward to now.

I just received a bill for $2800 from my original attorney. Over one YEAR since she informed me she was withdrawing from my case, and 8 months since she stated via my new attorney (her husband) that she wasn't charging me beyond the retainer.

Also, the bill is NOT itemized beyond "Call to petitioner's attorney' or 'letter to client' (one of which is the one telling me she was withdrawing).

Finally, on the appeal, it states that SHE was the attorney representing me. She never withdrew from the case.

Is there a standard billing practice that should be followed? This just seems so out of the blue so long after my last interaction with her, especially since she stated over a year ago she was done with my case.

[Ohiogal]

Originally Posted by CJane

What is the name of your state? MO

The attorney that handled the bulk of my custody trial was given a $4000 retainer. Toward trial, I asked her for an itemized accounting of how much, if any, of the retainer was left, and she said "Don't worry about it, you're good."

Trial was March 24, 2006.

Appeal was filed by the ex in June 2006. I received a letter from my attorney, stating that she is NOT an appeals attorney and I needed to find a different attorney to represent me. She stated that she would be officially withdrawing from my case the following week.

I met with her prior to that date, and she introduced me to her husband who IS an appeals attorney. He agreed to take my case for a flat rate. I paid him a retainer of $500 and he began work on my response brief.

I never heard from my original attorney again. The one time I spoke to her, she said "You have other counsel. I cannot discuss anything with you now." I did ask my new attorney if he could get a message to her since they were married, and tell her that I needed an itemized statement to provide to my step-mother since she'd paid the retainer for me. He later told me that he'd spoken to her, and that she'd said that she had no intention of billing me because she knew I couldn't afford to pay more. That was in November 2006.

Fast forward to now.

I just received a bill for $2800 from my original attorney. Over one YEAR since she informed me she was withdrawing from my case, and 8 months since she stated via my new attorney (her husband) that she wasn't charging me beyond the retainer.

Also, the bill is NOT itemized beyond "Call to petitioner's attorney' or 'letter to client' (one of which is the one telling me she was withdrawing).

Finally, on the appeal, it states that SHE was the attorney representing me. She never withdrew from the case.

Is there a standard billing practice that should be followed? This just seems so out of the blue so long after my last interaction with her, especially since she stated over a year ago she was done with my case.

Actually the bill is itemized. There is only so much detail we can give however. Anyway, that being said, you should protest any charges from her for the appeal and you should dispute charges a year later if this is the first you knew about them since you were told through her husband that she was not charging you anything else. It may not work due to the fee agreement you should have signed but you can dispute them.

[CJane]

Originally Posted by Ohiogal

Actually the bill is itemized. There is only so much detail we can give however. Anyway, that being said, you should protest any charges from her for the appeal and you should dispute charges a year later if this is the first you knew about them since you were told through her husband that she was not charging you anything else. It may not work due to the fee agreement you should have signed but you can dispute them.

It's definitely the first I've heard from her since she introduced me to her husband.

Also, there was never an agreement signed at all. With her or her husband. I actually asked about that at our initial meeting when I hired her, but she said it wasn't necessary.

[Ohiogal]

Originally Posted by CJane

It's definitely the first I've heard from her since she introduced me to her husband.

Also, there was never an agreement signed at all. With her or her husband. I actually asked about that at our initial meeting when I hired her, but she said it wasn't necessary.

OUCH. Then how can she prove that you owe her ANYTHING? Because there apparently was no agreement for how much you were to pay her per hour.

[CJane]

Originally Posted by Ohiogal

OUCH. Then how can she prove that you owe her ANYTHING? Because there apparently was no agreement for how much you were to pay her per hour.

Well, that's true, I guess.

I don't necessarily dispute that she used the whole retainer and I might owe her, I just don't know why it took a YEAR for her to send me an invoice. It's weird... beyond weird.

So, should I send a letter to the firm/attorney explaining that I was under the impression that I was not to be charged anything beyond the retainer?

[Ohiogal]

Originally Posted by CJane

Well, that's true, I guess.

I don't necessarily dispute that she used the whole retainer and I might owe her, I just don't know why it took a YEAR for her to send me an invoice. It's weird... beyond weird.

So, should I send a letter to the firm/attorney explaining that I was under the impression that I was not to be charged anything beyond the retainer?

Yep. State that you were told a YEAR AGO that you owed nothing and therefore you do not understand why you are NOW being charged and WHY your attorney is charging you for an appeal she did not handle.