unethical billling?

[amsinger]

Illinois
I have question about ethical billing by my lawyer and if I am liable for charges
I did not consent to.

In January 2009 I retained a lawyer long distance to help in an estate dispute with a relative. The lawyer said such disputes usually require five hours of his time, and since his rate was $300/hour, I would need to send him a retainer for $1500.00 which I did.

For the next four months, he never sent me any itemized bills or any bills at all, nor did he ever mention payment again. I kept a close watch on my checking account and my check was never cashed. I concluded I had not yet exceeded the five hours predicted.

In mid-June 2009 I get a bill in the mail for $950; the June portion was itemized but another portion (about half the bill amount) was just listed as “previous balance”.

When I contacted his office for clarification, I found that I had exceeded my $1500.00 retainer on April 6, 2009, and now owed $950 more.

My complaint is:
1) I was told the estimated cost of services would be $1500
2) I did not receive any bills, itemized or otherwise, for four months
3) All that time, my retainer check was not cashed so I could not tell if I exceeded it
4) The lawyer never told me I exceeded the retainer. It was not until June that I discovered there was an additional $950 in charges.

Do I have a valid complaint? Am I legally liable for the expenses beyond the retainer amount?

Thank you.

amsinger

[latigo]

Call the bar association in the state where the attorney is practicing and request information on going about contesting or arbitrating your dispute through the bar association.

(The blood often drains from the attorney’s face when the get those “friendly” notices from the people that hold reign over their license to print money.)

[amsinger]

Thank you for your reply

amsinger