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My lawyer does not give me any detailed bill, but ask me to pay more when case done

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zijins

Junior Member
the name of your state (only U.S. law)? NEW YORK, NY

Sorry my story is a little long, hope you can be patient to read it and give me some advice. Thanks so much!

At the beginning of my divorce case, the lawyer asked me to pay $1500 as case preparation fee and $350 as court fee (I am not sure this is for court room and judge or for lawyer's court work), but there was no written or oral agreement about my case (This is my first time to use the lawyer, without any experience, I did not know it was neccessary until yesterday). During my case, all the bill I received from him are $250 for filling fee for docket Number, and $150 for Summons served on my ex-husband by a sheriff. He never entioned the other $1450.

Also, the lawyer made my divorce case lasts for 18 months, we do not have any child, my lawyer always said I can get alimony from my ex-husband, but just several days before the court day, the lawyer told me I would get nothing from him because he lose this job, so the lawyer did my case as uncontested. (This is fine since I have waited 18 months, I just wanted this done as soon as possible)

On the court day, only me was scheduled to show up in the court, my husband had signed not to present on the court. I was scheduled the first one on the court day at 8:30am. When the lawyer came at 9:30am, the court said there was a document missing, which showed there was no marital property argument between us. This is a very normal document every divorce case need this but my lawyer forgot. My court would not be continued, the court would send this document to my EX-husband to sign and they reschedule my court day one month later.

So, I ask the court worker how about I try to ask my ex-husband come to the court today to sign this. They said yes, if he signed this document today, my court can be continued on the same day.

Then I spend more than 1 hour to look for my ex-husband, since we have separated for 2 years and he changed all the phone numbers. My ex-husband spent about 40 minutes to drive to the court to sign the paper. When the court workers agreed to reopen my court, it was 12:30pm, the lunch time. So my divorce court reopened at 13:30pm, and everything was done in 10 minutes, we got the divorce paper.

After the court, my lawyer called me to pay the 4 hours lawyer fee, 300 dollars/hours and 1200 dollors totally. I told him about his fault, and he asked me again to pay 2 and 1/4 hours court work with $200/hr besides the $1850 preparation fee and court fee, he said this include the discount of his fault. I told him I was scheduled the first one on the court day. If all the documents are ready before the court, my court time was less than 10 minutes to have everything done, so I think 1/2-1 hour is the reasonable court work time.

Also, I kept asking him to show me a detailed bill about the other $1450 I have paid, he did not do this. I think I can get some preparation fee refunded even after paying him the court work fee, because my case is very simple and he did not help me get anything from my ex-husband.

So how can I get a detailed bill from him and have the rest of the preparation fee refunded? What would be the consequence if I do not pay this additional court work. This lawyer's office is in Mahatten, NY. Thanks a lot!
 


Dandy Don

Senior Member
You haven't even mentioned whether he even gave you a receipt when you first received your payment. If you didn't pay in cash, then you should have a cancelled check as evidence of your payment. Send him a certified letter asking for a detailed invoice, and if he won't send it, take him to small claims court to get your refund.
 
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zijins

Junior Member
You haven't even mentioned whether he even gave you a receipt when you first received your payment. If you didn't pay in cash, then you should have a cancelled check as evidence of your payment. Send him a certified letter asking for a detailed invoice, and if he won't send it, take him to small claims court to get your refund.
Thank you so much!

I paid the $1850 through a payment website he gave me. First time was $1500 and the 2nd time was $350. Now the website for the $1500 receipt has expired, it was my fault not to print that out in time. So, now I only have a receipt for the $350. But he remember I paid him $1850 in his recent email, I will keep that email.

You mean I write a letter by myself, and send the letter to him by certified mail? How long should I wait for his respond before taking him to the court?

Someone told me it is impossible to get money refund from the lawyers, if he does not keeping ask me to pay more, I would be lucky. I was wonder if I could win the lawyer.
 

zijins

Junior Member
What would happen if I just do not pay the additional court work fee he asked?

I do not know if there will be lots of troubles and impossible to have my preparation money refunded.
 

zijins

Junior Member
Should I complain the lawyer for unfair charge when he sue me not to pay?

I contacted the NY STATE BAR ASSOCIATION today, told them my there was no written or oral contact or agreement from the lawyer when I paid the preparation fee, and he does not give me any detailed bill when my case was done, but ask me to pay extra $450.

The information I got is my lawyer may or may not sue me for not paying him within 30 days, is this true?(My English is not so good, so I want to make sure I got the right information.)

Filling the complain I need to pay $25, and there may be some trouble, and I do not think the lawyer would refund some of my preparation fee even there would be some left. I just do not want to pay more.
Should I complain the lawyer for unfair charge when he sue me not to pay?
If he will not sue me 30 days later, that's it.
 

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