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OverBilling and Unethical conduct

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Okie Girl

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

My Ex-husband forged my name on a $50,000 insurance check and deposited it. It was the last check of a total of $175,000 for a house fire. The last check was for the remainder of contents in the home. I signed a forgery affidavit with our insurance company and the check was recalled from my ex’s bank and it left him $11,000 in the hole.

When I found out about the forgery, I contacted my ex and told him he could go to jail, and he confessed to the lady at the bank who deposited the check without me present, called the adjuster who approved the last check and went to see our insurance agent.

A replacement check was issued and mailed to me. I contacted my ex about settling. Instead he hires an attorney who offers me a few hundred for my contents. I refuse and want my pro rata share and my ex’s attorney files a Petition for Declaratory Judgment. In it, he falsifies the facts. He states after he deposited the check, I demanded State Farm recall the check because I was entitled to some of the money and SF recalled the check. The truth is he forged my name.

I had to hire an attorney. The attorney told me it could cost $50,000 over 1-2 years to go to trial. Told him I could not afford that but wanted to settle and just get the value of my contents. Approximately $15,000. An answer was filed and counterclaims of child support was added, he owed $31,000 in back child support, among other counterclaims.

My engagement with my attorney began 1/4/2011. I paid a retainer of $2,500. By 2/14 after filing an Answer, EOA and preparing discovery requests to my ex, my bill was $9,000 (not including my retainer paid). I tried to let me attorney go because I needed to settle and could not afford to keep him. I asked him to please make an offer to the other side before we ended our engagement. He called me and talked me into not ending the engagement or making the offer, but to wait and see what happens. A few days later a Motion to Dismiss by my ex was filed and the next week my attorney now wanted $4,500 by Friday and other $4,500 a week later. Again, told him I could not afford that and had to let him go, but please put a settlement offer on the table if he would, if not that’s okay.

He called me two days later, the other side was talking settlement and he believed he might be able to get me $13,000. My attorney fees are now $10,000. I asked him to make a counter offer. He refused and said I was wasting his time and mine. Then he has to pay my attorney fees. Again he refused to make that offer. It was late in the day and he pressed me so hard I finally agreed. He said he would wait a couple of days to make the offer back, but he may only be able to get me $10,000.

The next morning I sent an email to my attorney asking not to make a $13,000 offer but a $20,000 offer instead. He called me screaming at me. He refused to make my offer. He started telling me how much was wrong with my case. I had to argue my own case with my attorney. He tells me if I don’t accept he will sue me for breach of contract, get a judgment and garnish my wages. Finally, I agreed to think about the $13,000 and call the next day. He wanted to know what time would I be calling.

The next day I called and said I was firm and would not accept $13,000. My ex could have settled before suing me and this is the price he has to pay. He said child support should not even be in this case, it belongs in family court. The kids are grown now I told him. Laches bars it he tells me. Not in Oklahoma and even the cases the OP cites in her Motion to Dismiss when the defendant uses laches as a defense never is successful. He tells me it will take a lot more money to get into a position of strength to be able to get more money. Still I don’t give in and he finally agrees to put my offer on the table. He states, OP is going to be mad at him and he’s going in with egg on his face.

He calls to make the offer. This is a Friday. On Monday, he calls, the OP agreed to $17,000 and I stand firm on $20,000. Later in the day I get an email with a voice mail from OP agreeing to $20,000.

His first two bills had no time value by timekeeper so I requested they be reran with time value. He billed me 5 times between 1/24 – 2/24 and twice on 1/31. He only sent me the first two bills with no time value and I got the 2/24 invoice in an email the day the attorney and I were discussing
settlement. When I figured time and expenses, it was $4,000 over. I asked the billing clerk to look into this and she produced two invoices I had not gotten or seen billed in that time frame mentioned. I requested the bills have time values. Most of the time is bundle billed and it could not be broken out any further the billing clerk told me. When I began calculating on what I could figure out, I had been overbilled on our first meeting. 4.5 hours to plan and prepare for a meeting with me, and meet with me. Another 4 hours to plan and prepare to meet with me and meet with me that never happened. He billed for our first call to see about representation on the third invoice and for .90 when I checked the cell detail records it was 29 minutes. I’ve compared emails referenced and he over bills for routine tasks. His paralegal bills me .30 for 2 and 3 minute conversations on the phone. She bills me .30 to hand me an item returned I brought in for my case that took her maybe two minutes to walk down the hall and hand to me. She bills .40 to mail my answer. There are 4 people billing me, the attorney, the associate, a paralegal and a legal assistant. I’ve even billed for billing.

The OP was to prepare the settlement agreement. We waited 16 days and when it was finally sent, his associate redlined and I approved it. My attorney marked it up and included the insurance company that was dropped as a defendant right after the EOA was filed. It is to protect me against SF should it seek attorney fees. To mark up a two page document and all the time involved by the 4 is $2,500 after $1,300 was written off. My total attorney fees are $15,852, and the settlement is not completed yet. Now we are waiting on the settlement check. When I signed the settlement agreement on March 30, I requested a recent invoice. The previous balance was $800 more than the last bill I had. I requested that invoice and it was for two days in February billed by my attorney I never received until I requested it. That’s 3 invoices prepared but never mailed to me, only sent via email after requested.

By the time this case is over, I may get $2,500 from the $20,000 check. I can’t go through the OCBA for attorney fees, he is not a member. The OBA will allow attorney fee issues if an ethical issue is involved. I feel that he conspired with OP to get me to settle just so he could get paid and forget what I’m entitled to. He woud not make my counter offer, I was letting him go and he knew it. He finally agreed.

He is a big fish in these parts and on paper looks like a saint. The panel is comprised of attorneys who overbill too, maybe not as bad. Is there any chance for any justice? If I lose at the OBA, I will owe more attorney fees.
 


Hot Topic

Senior Member
What is the name of your state (only U.S. law)? Oklahoma

My Ex-husband forged my name on a $50,000 insurance check and deposited it. It was the last check of a total of $175,000 for a house fire. The last check was for the remainder of contents in the home. I signed a forgery affidavit with our insurance company and the check was recalled from my ex’s bank and it left him $11,000 in the hole.

When I found out about the forgery, I contacted my ex and told him he could go to jail, and he confessed to the lady at the bank who deposited the check without me present, called the adjuster who approved the last check and went to see our insurance agent.

A replacement check was issued and mailed to me. I contacted my ex about settling. Instead he hires an attorney who offers me a few hundred for my contents. I refuse and want my pro rata share and my ex’s attorney files a Petition for Declaratory Judgment. In it, he falsifies the facts. He states after he deposited the check, I demanded State Farm recall the check because I was entitled to some of the money and SF recalled the check. The truth is he forged my name.

I had to hire an attorney. The attorney told me it could cost $50,000 over 1-2 years to go to trial. Told him I could not afford that but wanted to settle and just get the value of my contents. Approximately $15,000. An answer was filed and counterclaims of child support was added, he owed $31,000 in back child support, among other counterclaims.

My engagement with my attorney began 1/4/2011. I paid a retainer of $2,500. By 2/14 after filing an Answer, EOA and preparing discovery requests to my ex, my bill was $9,000 (not including my retainer paid). I tried to let me attorney go because I needed to settle and could not afford to keep him. I asked him to please make an offer to the other side before we ended our engagement. He called me and talked me into not ending the engagement or making the offer, but to wait and see what happens. A few days later a Motion to Dismiss by my ex was filed and the next week my attorney now wanted $4,500 by Friday and other $4,500 a week later. Again, told him I could not afford that and had to let him go, but please put a settlement offer on the table if he would, if not that’s okay.

He called me two days later, the other side was talking settlement and he believed he might be able to get me $13,000. My attorney fees are now $10,000. I asked him to make a counter offer. He refused and said I was wasting his time and mine. Then he has to pay my attorney fees. Again he refused to make that offer. It was late in the day and he pressed me so hard I finally agreed. He said he would wait a couple of days to make the offer back, but he may only be able to get me $10,000.

The next morning I sent an email to my attorney asking not to make a $13,000 offer but a $20,000 offer instead. He called me screaming at me. He refused to make my offer. He started telling me how much was wrong with my case. I had to argue my own case with my attorney. He tells me if I don’t accept he will sue me for breach of contract, get a judgment and garnish my wages. Finally, I agreed to think about the $13,000 and call the next day. He wanted to know what time would I be calling.

The next day I called and said I was firm and would not accept $13,000. My ex could have settled before suing me and this is the price he has to pay. He said child support should not even be in this case, it belongs in family court. The kids are grown now I told him. Laches bars it he tells me. Not in Oklahoma and even the cases the OP cites in her Motion to Dismiss when the defendant uses laches as a defense never is successful. He tells me it will take a lot more money to get into a position of strength to be able to get more money. Still I don’t give in and he finally agrees to put my offer on the table. He states, OP is going to be mad at him and he’s going in with egg on his face.

He calls to make the offer. This is a Friday. On Monday, he calls, the OP agreed to $17,000 and I stand firm on $20,000. Later in the day I get an email with a voice mail from OP agreeing to $20,000.

His first two bills had no time value by timekeeper so I requested they be reran with time value. He billed me 5 times between 1/24 – 2/24 and twice on 1/31. He only sent me the first two bills with no time value and I got the 2/24 invoice in an email the day the attorney and I were discussing
settlement. When I figured time and expenses, it was $4,000 over. I asked the billing clerk to look into this and she produced two invoices I had not gotten or seen billed in that time frame mentioned. I requested the bills have time values. Most of the time is bundle billed and it could not be broken out any further the billing clerk told me. When I began calculating on what I could figure out, I had been overbilled on our first meeting. 4.5 hours to plan and prepare for a meeting with me, and meet with me. Another 4 hours to plan and prepare to meet with me and meet with me that never happened. He billed for our first call to see about representation on the third invoice and for .90 when I checked the cell detail records it was 29 minutes. I’ve compared emails referenced and he over bills for routine tasks. His paralegal bills me .30 for 2 and 3 minute conversations on the phone. She bills me .30 to hand me an item returned I brought in for my case that took her maybe two minutes to walk down the hall and hand to me. She bills .40 to mail my answer. There are 4 people billing me, the attorney, the associate, a paralegal and a legal assistant. I’ve even billed for billing.

The OP was to prepare the settlement agreement. We waited 16 days and when it was finally sent, his associate redlined and I approved it. My attorney marked it up and included the insurance company that was dropped as a defendant right after the EOA was filed. It is to protect me against SF should it seek attorney fees. To mark up a two page document and all the time involved by the 4 is $2,500 after $1,300 was written off. My total attorney fees are $15,852, and the settlement is not completed yet. Now we are waiting on the settlement check. When I signed the settlement agreement on March 30, I requested a recent invoice. The previous balance was $800 more than the last bill I had. I requested that invoice and it was for two days in February billed by my attorney I never received until I requested it. That’s 3 invoices prepared but never mailed to me, only sent via email after requested.

By the time this case is over, I may get $2,500 from the $20,000 check. I can’t go through the OCBA for attorney fees, he is not a member. The OBA will allow attorney fee issues if an ethical issue is involved. I feel that he conspired with OP to get me to settle just so he could get paid and forget what I’m entitled to. He woud not make my counter offer, I was letting him go and he knew it. He finally agreed.

He is a big fish in these parts and on paper looks like a saint. The panel is comprised of attorneys who overbill too, maybe not as bad. Is there any chance for any justice? If I lose at the OBA, I will owe more attorney fees.

Sounds like you wanted to get rid of the attorney but, "By the way, could you just handle xyz for me before you go? What? You want to charge me?"

How do you know the panel is made up of attorneys who overbill "too, maybe not as bad?"
 

Okie Girl

Junior Member
Reply

I see your point. After $12,500 in attorney fees, I guess it was selfish of me to ask my attorney if he would ask the OP counsel the question: "Are you interested in settling." The answer may have been no. That would be an undue burden on him.

In this case the other side was ready to settle before we ended our engagement. He billed $850 to negotiate the settlement (two hours of arguing with me because I would not accept $13,000, only $20,000). Refusing to place my counteroffer and threatening me he would sue me for breach of contract if I did not accept $13,000. When he knew I would cut him lose if he did not make the counteroffer, he made it and his bill went from $12,500 to $15,850 with $2,500 of that to revise a two page document and $850 in negotiating the settlement. I understand he wants to be paid, but isn't his normal hourly rate, rounded up enough? Do I have to be double and tripled billed?

As far as the panel of attorneys who over-bill maybe not as much. You have a point - I don't know for sure. Maybe they over-bill as much or more.
 
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