Attorney increased charges during case, when opposing party defaulted

[bholabhala]

What is the name of your state (only U.S. law)? TX

I hired a lawyer for my divorce case and we both agreed on a flat rate of $1000.00, in the event of no trial. The opposing party defaulted and we won case in pre-trial. Now the attorney is saying that i owe her more than the amount we agreed upon during the initial consultation. What can i do? Can i drop this attorney and get the divorce decree signed by the judge myself? It seems like my attorney know that this case is not going to trial so she is trying to get whatever money she can out of my pocket. I am jobless and really can't afford this increased fee

 

[Zigner]

What does your attorney say the "increased charges" are for?

 

[Ohiogal]

What is the name of your state (only U.S. law)? TX

I hired a lawyer for my divorce case and we both agreed on a flat rate of $1000.00, in the event of no trial. The opposing party defaulted and we won case in pre-trial. Now the attorney is saying that i owe her more than the amount we agreed upon during the initial consultation. What can i do? Can i drop this attorney and get the divorce decree signed by the judge myself? It seems like my attorney know that this case is not going to trial so she is trying to get whatever money she can out of my pocket. I am jobless and really can't afford this increased fee

Did you pay her the $1000.00?
What did the terms in the engagement agreement state?

 

[bholabhala]

What does your attorney say the "increased charges" are for?

She is saying 'Read the contract'.... She started playing games, when she saw that opposing party is defaulting and that she will not be making as much money from me as she expected. The invoice i got from her contains charges for every email in the increments of 0.17 of an hour ($43). Thats like reading a one line email for $43.00. We agreed on a flat rate and never on hourly rate

 

[bholabhala]

Did you pay her the $1000.00?
What did the terms in the engagement agreement state?

Per our agreement, i had to pay $500.00 as down and pay the rest of $500.00 within 30 days. It says on the contract

 

[Zigner]

We are not privy to your contract, and I sense a session in the dental chair coming on.


Good luck.

 

[bholabhala]

We are not privy to your contract, and I sense a session in the dental chair coming on.


Good luck.

My english is not that good. Can you please define, what does a dental chair has to do with all this?

 

[ecmst12]

Have you read the contract? Do so and tell us exactly what it says.

 

[bholabhala]

Have you read the contract? Do so and tell us exactly what it says.

Ok, thats the first thing i will do when i get home. And will post the extract from the contract here for you guys. I really appreciate the help

 

[ecmst12]

Chances are, once you read the contract, your questions will be answered. But do tell us what it says.

 

[Ohiogal]

She is saying 'Read the contract'.... She started playing games, when she saw that opposing party is defaulting and that she will not be making as much money from me as she expected. The invoice i got from her contains charges for every email in the increments of 0.17 of an hour ($43). Thats like reading a one line email for $43.00. We agreed on a flat rate and never on hourly rate

I bill all my clients in 0.1 of an hour. And yes, it is in the contract that everything I do is a minimum of 0.1 of an hour -- including reading a 1 line email. If I have to spend time on your case -- it is 0.1 of an hour. Her billing in 0.17 of an hour seems odd compared to local custom here but maybe that is local custom there -- or a typo on your part.

 

[tranquility]

I bill all my clients in 0.1 of an hour. And yes, it is in the contract that everything I do is a minimum of 0.1 of an hour -- including reading a 1 line email. If I have to spend time on your case -- it is 0.1 of an hour. Her billing in 0.17 of an hour seems odd compared to local custom here but maybe that is local custom there -- or a typo on your part.

Out here, ten minutes is used a lot. When we multiply it out, that's what I'm thinking it refers to to the relevant significant digit. It's easier than writing out 1.66666666666666666666666666666666666666666666 repeating.

 

[bholabhala]

I bill all my clients in 0.1 of an hour. And yes, it is in the contract that everything I do is a minimum of 0.1 of an hour -- including reading a 1 line email. If I have to spend time on your case -- it is 0.1 of an hour. Her billing in 0.17 of an hour seems odd compared to local custom here but maybe that is local custom there -- or a typo on your part.

I am thinking to just pay her what we agreed upon during intial consultation i.e., $500.00 and take the decree to the judge myself and get it signed. I think thats a better approach instead of involving CAAP from Texas Bar and all that mess. I need to turn in final orders for the judge to sign ASAP or the case will be dismissed.

 

[Zigner]

I am thinking to just pay her what we agreed upon during intial consultation i.e., $500.00 and take the decree to the judge myself and get it signed. I think thats a better approach instead of involving CAAP from Texas Bar and all that mess. I need to turn in final orders for the judge to sign ASAP or the case will be dismissed.

Well, I suppose it depends on what your contract says, doesn't it?

 

[Ohiogal]

I am thinking to just pay her what we agreed upon during intial consultation i.e., $500.00 and take the decree to the judge myself and get it signed. I think thats a better approach instead of involving CAAP from Texas Bar and all that mess. I need to turn in final orders for the judge to sign ASAP or the case will be dismissed.

If she is your attorney of record you cannot do ANYTHING on your own -- your attorney needs to do it as long as you have an attorney of record.