Lawyer Charging for their Mistakes?

[vferrara]

I live in Philadelphia, PA. My fiance recently worked with a lawyer to draw up documents. The lawyer had an initial meeting with her to gather information, drew up the documents, and met with her a second time to go over the documents. Upon review my fiance realized the lawyer spelled her name wrong on the document, even after telling him how to spell it the first time they met. The lawyer then went back and edited the document to correct the name. My fiance then got a bill for the extra time it took to correct the mistake he made. She emailed the lawyer to dispute the charge and he stated that even if it was his mistake she still had to pay for the time spent to edit. Is this legal???

 

[conflict101]

I say Pay the amount that you agree to with a note saying you deducted XXX for the disputed amount. How much is she charging you extra for correcting the mistake? BTW her secretary prob made the change and not her herself unless she has no secretary. As far as I know only paralegals, lawyers, librarians and i think those summer interns bill but that may vary from firm to firm. I am not an attorney nor do I aim so high. so check others responses.

 

[vferrara]

She already paid the initial bill that was agreed upon by her and the lawyer. She than got an initial bill for $130 for the edit. The lawyer is being pretty nasty with her to pay.

 

[vferrara]

Sorry I meant an additional bill for $130

 

[startedone]

Sorry I meant an additional bill for $130

About 1/2 the lawyers I have dealt with have given me the impression that they cannot read. Otherwise these issues would never be present to the degree I have seen them. And I have seen glaring errors with settlement papers .. you are wise to have reviewed the document well, its a good lesson for others.

So, should you pay the $130. Begrudgingly, yes. Send a check and write "for an idiot" on the memo line.

 

[vferrara]

I'm still having trouble seeing how this is legal. He could make mistakes on purpose knowing that if they are caught he can charge for the edits. Where would the accountability come in. We just have to go through life hoping a lawyer, who is an idiot, doesn't make a mistake or we will have to pay. And the lawyers knowing well and good that it doesn't matter if they make a mistake they'll get paid if they do.

That's like hiring someone to put a new roof on your house, and when the person puts it on they leave a gaping hole in the center, and when you bring it to their attention that they did it wrong, they charge you to come back and fix it.

If that was the case everyone wouldn't care if they made a mistake because they know they'd get paid more if they did. There has to be something wrong with the legality or ethics in this. Can this be a problem that is reported to the bar association?

 

[startedone]

I'm still having trouble seeing how this is legal. He could make mistakes on purpose knowing that if they are caught he can charge for the edits. Where would the accountability come in. We just have to go through life hoping a lawyer, who is an idiot, doesn't make a mistake or we will have to pay. And the lawyers knowing well and good that it doesn't matter if they make a mistake they'll get paid if they do.

That's like hiring someone to put a new roof on your house, and when the person puts it on they leave a gaping hole in the center, and when you bring it to their attention that they did it wrong, they charge you to come back and fix it.

If that was the case everyone wouldn't care if they made a mistake because they know they'd get paid more if they did. There has to be something wrong with the legality or ethics in this. Can this be a problem that is reported to the bar association?

I understand your anger ... but my previous advice is the correct advice. Lawyers are not the sharpest folks ... why many have the writing skills of a 5th grader is astounding.

 

[LdiJ]

I'm still having trouble seeing how this is legal. He could make mistakes on purpose knowing that if they are caught he can charge for the edits. Where would the accountability come in. We just have to go through life hoping a lawyer, who is an idiot, doesn't make a mistake or we will have to pay. And the lawyers knowing well and good that it doesn't matter if they make a mistake they'll get paid if they do.

That's like hiring someone to put a new roof on your house, and when the person puts it on they leave a gaping hole in the center, and when you bring it to their attention that they did it wrong, they charge you to come back and fix it.

If that was the case everyone wouldn't care if they made a mistake because they know they'd get paid more if they did. There has to be something wrong with the legality or ethics in this. Can this be a problem that is reported to the bar association?

Does your fiancee still need the attorney to do additional work for her or to finish up the work that was involved? If not, then yes, I would recommend making a complaint to the bar. Part of their job is to help with fee disputes.

 

[Silverplum]

I had an attorney make a huge error that could have been prevented had she read what she was given, and she charged me for it. I pointed out her error and she fixed it -- and charged me for her time. I pointed out that it was wrong of her to charge me for her error, and she insisted I pay her.

I did, and fired her at the same time. I also complained to the Bar Association, and complained about her to anyone who asked me for a referral. Stupid bimbo.

 

[You Are Guilty]

My standard retainer agreement has a specific clause that says the client can dispute a bill or any portion thereof, and we will not charge them for the time spent resolving the issue. So I would look to your signed retainer to see what, if anything, is in there which might be applicable.

But generally, courts are rather loathe to award a "fee on a fee" (money charged by the lawyer for arguing over prior money charged).