Lawyer Billing for Sending an Invoice

[Michelob]

What is the name of your state? Florida

We signed an agreement with our lawyer when we retained him. The agreement is very vague only giving hourly rates and what the in-house types of services that we will be billed for, i.e., faxes, copies, long distance phone calls, etc.

Every time we receive an invoice from our lawyer, there is a charge from him to dictate the letter and a charge from his secretary to type the letter. It amounts to $36.00 total. The letter just states enclosed is your statement to date. We are being billed this each time a statement arrives.

I have always requested an itemized statement and did receive them free of charge when they forgot to do so. On one occassion I questioned one of the charges after receiving the itemized statement. I was then billed for receiving the itemized statement, as well as for the nasty letter from the lawyer telling me take my business elsewhere if I didn't like his services, and for him reading my apology letter to him.

Isn't this against ethics? I contacted the Florida Bar Association but they refuse to give any advice. I don't understand how he can get away with billing us $36.00 to send us his invoice and for charging to give me an itemized statement.

[Dandy Don]

This lawyer is stupid for doing it this way, but it doesn't do much good to complain except to him to suggest that he find a better way of doing it.

What is his hourly rate? If he didn't bill you the $36.00 he would be charging you for a proportionate rate of his hourly rate depending on how many minutes he spent writing the letter and getting it typed, so if he didn't charge you that way he would charge you for the hourly rate (and this might be what he is doing anyway). You have received the benefit of his expertise and knowledge and experience, so just ignore the way he is billing.

You need to renegotiate your contract with this lawyer.

Most state bars will not treat billing practices as ethics violations (because they are not).

However, ask your state bar if they have a mediation program for fee disputes.

[Michelob]

My attorney's fee is $210.00/hour and staff support is $75/hour. I actually did some research after posting my dilemma. I contacted two attorney firms in my city and both confirmed this was not standard practice. The agreement we signed is technically for legal service. Sending an invoice is not legal service and therefore should not be billed as such. I will therefore notify my attorney in writing of my dispute. If he attacks me again in writing as he did previously, I am to notify the Florida Bar. Our case is over and we're just waiting for final signatures. Once that has been completed, I will send him my dispute in writing. Thanks for your input. As always, it is greatly appreciated.

[HomeGuru]

Originally Posted by Michelob

My attorney's fee is $210.00/hour and staff support is $75/hour. I actually did some research after posting my dilemma. I contacted two attorney firms in my city and both confirmed this was not standard practice. The agreement we signed is technically for legal service. Sending an invoice is not legal service and therefore should not be billed as such. I will therefore notify my attorney in writing of my dispute. If he attacks me again in writing as he did previously, I am to notify the Florida Bar. Our case is over and we're just waiting for final signatures. Once that has been completed, I will send him my dispute in writing. Thanks for your input. As always, it is greatly appreciated.

**A: you have a weak argument, pay up.

[Michelob]

Originally Posted by HomeGuru

**A: you have a weak argument, pay up.

Thank goodness I didn't take your "weak" advice. I confronted my attorney about charging me accounting fees as legal service. And... I did receive a refund. And I might add that I received exceptional service from www. devilsadvocate.com. They were the ones you guided me CORRECTLY to my refund.

[You Are Guilty]

Originally Posted by Michelob

Thank goodness I didn't take your "weak" advice. I confronted my attorney about charging me accounting fees as legal service. And... I did receive a refund. And I might add that I received exceptional service from www. devilsadvocate.com. They were the ones you guided me CORRECTLY to my refund.

And do you really think he's not going to add the .5 of staff time to some other part of a future bill? I hope you enjoy paying for your next 3 minute/.6 phone call

[Dandy Don]

What a fluke!! Every client is not going to have the same result that she did.

[Michelob]

Originally Posted by You Are Guilty

And do you really think he's not going to add the .5 of staff time to some other part of a future bill? I hope you enjoy paying for your next 3 minute/.6 phone call

I'm not sure I understand your comment. The case is over and the file is closed. And the refund was given back to me.

This was a real estate attorney who I will not use again simply because of his practice of charging to send an invoice. Simple as that! Other attorneys in my city never heard of that practice. Who ever heard of charging to send an invoice? If you're an attorney and you practice that procedure, I question your character.

It's too bad this world doesn't do services by the barter system. It would truly humble many people.