Normal billing practice???

[mdf]

What is the name of your state? CT

My sister is getting divorced and hired an attorney. I've been reviewing her file and am concerned she is being overbilled. Here are things I'm finding:

1. My sister sends an email. Receives no response. She resends several days later. (before someone says "you're wasting the attorney's time", this attorney routinely does not respond or says she couldn't find a previous email, which she suddenly is able to find come bill time). She is billed for both emails.
2. My sister phone consults and is then asked by her attorney to summarize the conversation in an email. She is billed for the phone conversation and for the email. Shouldn't the attorney be taking notes on the call and making her own summary? Isn't that part of why she's billing for the call? She does nothing about the nature of the call until she receives the email.
3. My sister has been been billed: 30 minutes for for photocopying 8 pages; 1.5 hours for updating a financial affidavit which entailed merely changing ten figures in a spreadsheet.

These are just some of many similar examples over six months. This looks like a major problem. Her divorce has already hit $14,000 in fees. There have been four contempt of court charges filed against the ex (straightforward, one page documents, the exact same contempt four times) that have never gone to hearing. There is no strategy, no proposal and no custody discussion. Her master's hearing is less than a month away and her husband has allowed the house to go into foreclosure, yet her attorney does not have any strategy to deal with this. This divorce is expected to go to a three day trial (husband very antagonistic), which will likely send the bill over $20k. My sister's net worth (assumed, post-divorce) is only about $150K, so we're not talking complicated finances (just a house and 401K).

Is this normal?What is the name of your state?

[moburkes]

Looks like, unless she agrees to the fees, she can change to a less expensive attorney.

[mdf]

The lawyer bills 300/hr, the paralegal 175/hr.

My question isn't the rate, it's the nature and method of how it is being billed.

[moburkes]

Apparently, the lawyer isn't as fast on the computer and with office equipment as you'd like him to be.

[Zigner]

As already advised - look for a cheaper attorney (not necessarily the hourly rate)

[mdf]

Your answer seems nonresponsive. I think it's fair to say 30 minutes, for instance, is overbilling to photocopy eight pages. That I can figure out.

What I am trying to ascertain is whether billing for a phone conversation, requesting an email summary of same, and then billing for both because the attorney just listened with no advice offered is considered double-billing. Or billing twice for the same email when the first has not been responded to in over a week on a time sensitve matter.

[Zigner]

Originally Posted by mdf

Your answer seems nonresponsive. I think it's fair to say 30 minutes, for instance, is overbilling to photocopy eight pages. That I can figure out.

Did they have to do any redacting?

What I am trying to ascertain is whether billing for a phone conversation, requesting an email summary of same, and then billing for both because the attorney just listened with no advice offered is considered double-billing. Or billing twice for the same email when the first has not been responded to in over a week on a time sensitve matter.

In the "lawyer world" this sounds correct.


So, if you don't like it, find a lawyer who's billing practices are more acceptable to you.

[Silverplum]

Originally Posted by mdf

Your answer seems nonresponsive. I think it's fair to say 30 minutes, for instance, is overbilling to photocopy eight pages. That I can figure out.

Generally, attorneys and their staffs have standard rates for things like that. So did a conference-planning company for which I worked years ago. I doubt you can do much about it.

Originally Posted by mdf

What I am trying to ascertain is whether billing for a phone conversation, requesting an email summary of same, and then billing for both because the attorney just listened with no advice offered is considered double-billing. Or billing twice for the same email when the first has not been responded to in over a week on a time sensitve matter.

It's certainly happened to me. She'll learn to leave her attorney/s severely alone unless she has a serious question.

If she's not happy with her attorney, she can fire him/her and hire a new one. But the billing practices are just that: common business practice. She'd have a tough time finding an attorney who doesn't bill that way. Maybe she could find someone who'd do it for a flat fee.

[You Are Guilty]

With the exception of the copying charge (you sure that didn't include reading the documents) I don't see a problem with these charges. It's malpractice for the lawyer to not read something sent by the client (we're not psychic you know).

However, if she thinks she's being overcharged, here's the way to resolve it:
http://www.ctbar.org/article/view/210

[mdf]

Thank you all. I know there's a lot of billing in the legal world that would seem odd in other professions, so understanding "normal" practice is helpful. Her rates are pretty standard for the area, so I guess I'll advise my sister to discuss the specific items we're concerned about with the attorney and see where it goes.

Thank you.