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Whyte Noise

Senior Member
What is the name of your state? Missouri

Today, in the mail, we received a bill from an attorney we had a consultation with back in April of this year. At that consultation, he stated what his retainer was, and we informed him then that we did not have that kind of money, nor did we know when we would be able to get it. We thanked him for his time, told him that right then, we could not afford it, and told him that if we were able to come up with the retainer fee, we would be back in touch with him about handling the case. This bill we received today states, (and I'm writing verbatim):

September 23, 2002
In Reference To: Child Custody
Invoice #XXXXX



Professional Services

6/10/02 FJC Letter to client reminding him that
we need retainer before we can
prepare his modification papers.



Do huh?!?! We are billed because his secretary typed up a letter to remind us about a retainer? Number one, no one is a client. This was simply a consultation, that he was paid for. Number two, we told him that we would be back in touch with him if we were able to come up with the retainer. He was told that day that we did not have it, and that at that time we couldn't afford his services. Then, he took it upon himself to send us a letter reminding us that in order for the case to move forward, he'd have to get the retainer first. Why are we being billed for this letter that was sent? We have to pay for him sending this letter to try and get us in to pay the retainer faster? I really don't understand how we can be billed when we were never clients, we paid his consultation fee in full, and we told him we could not afford his services and would call HIM if we could. It's not that we won't pay for a service we get, but, I don't consider a reminder letter to someone that told you they couldn't afford you in the first place, a service. Can you explain please?

Edit: OK, That didnt post correctly.... We were billed $22.00 for 20 minutes worth of time to write that "reminder letter". I had written that out to the side, but it showed up jumbled when I posted the thread.
 
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CMSC

Senior Member
I do not believe in ignoring bills...however, your attorney sounds like the one I hired! I am not IAAL and I am sure he will give you some sound advice, I am going to give you my opinion...don't pay it! Contact your bar association and ask them about billing practices, also ask if they offer arbitration services. I sent a letter to my attorney and his bill was for alot more than the one you recieved, I told him I was hiring an arbitrator and he dropped it! He knew he did wrong...have you contacted the office? hmmm...maybe that wouldn't be best, they would probably send you a bill for answering the phone!
 
L

Lil Miss Smarty Panties

Guest
How about this.
Type a letter to him saying you never hired him. Tell him you had a consult with him and paid him in full and that was the end of your relationship with him. then charge him $22.00 for wasting your time.

Ryry had a good idea. contact the bar association.
 

CMSC

Senior Member
Lil Miss Smarty Panties said:
How about this.
Type a letter to him saying you never hired him. Tell him you had a consult with him and paid him in full and that was the end of your relationship with him. then charge him $22.00 for wasting your time.

Ryry had a good idea. contact the bar association.

I say your time is worth more than $22! Nail him for $22.00 plus postage! lol! I like that idea LMSP!
 

Whyte Noise

Senior Member
LOL It's not even about the amount to me. It's about the fact that we told the man we couldn't afford to hire him, and then he sends a letter that, to me, seems like he's trying to get us in there to pay that retainer and retain his services, and then charges US for the attempt to get us in there! Maybe I'm wrong, but that's how I feel about it. I just don't think he billed for a logical reason, or for a reasonable service. He never did anything after we left his office that day. He looked at all the documentation CJ took in there... true. He did a CS calculation on his computer, and he talked to CJ and myself. Then he told us that he would have to have between $500 and $1000 for a retainer. $500 if he just wanted the custody modification, or $1000 if he wanted custody AND CS modification. We told him we couldn't afford it at that time. When we left his office, the only thing we ever received from him was that letter. CJ called him and told him (well, actually his office girl) that we still didnt have the money, but if we could get it together, he'd be in touch. The next thing we get is this bill today. Sheesh.

No, he hasn't called the office. We didn't get the mail until about 7 tonight. He is going to call them about it tomorrow though. I was just looking to see if IAAL thought this was a normal billing practice, or if even he thought it was outrageous. Glad to see I'm not the only one that thinks it's frivilous. :)
 

stephenk

Senior Member
since you paid for the consultation and you never signed any retainer agreement, the bill is void. You may want to sent a nice letter to the attorney with a copy of the bill and telling him you believe it must have been sent by mistake and you are not paying it Also tell him that if you decide to retain his services you will contact him and that you do not wish to be contacted by his office anymore.

Remember to put hugs and kisses after your signature.
 

I AM ALWAYS LIABLE

Senior Member
Dear Mr. Attorney:

I have received your "invoice" letter dated September ___, 2002.

As you know, when we met at your office on September ___, 2002, my husband CJ and I weren't able to afford your services at that time, and would get back to you as soon as our finances permitted. At that time, and after consultation, we paid you $_______.

Now, we have received your letter/invoice reminding us that you want us to be your clients, and that your fee is $_________, and for the unauthorized luxury of reminding us to pay you money to be your client, you actually want us to pay you for reminding us? I'm sorry, but I don't recall asking you to remind us of anything, let alone authorizing you to charge us for that luxury.

Perhaps I am absolutely wrong, and I'm having a brain synapse problem. It could happen, I imagine. So to help me out, do you have a signed and dated Attorney/Client Retainer Agreement whereby we have authorized you to charge us for a "reminder letter" that you would like us to be your client? If you do, please forward a copy of the signed and dated Attorney/Client Retainer Agreement for our review and consideration of your so-called "invoice." In the absence of a signed and dated Attorney/Client Retainer Agreement, please forward any legal authority; e.g., case law, statute, or any other legal fiat, requiring you to send me such an invoice, and requiring us to pay you for the same. I certainly wouldn't want to be a lawbreaker.

Assuming that you do not have such a signed and dated Attorney/Client Retainer Agreement, or any other authority, and if you insist on charging us a fee to "become" your clients, I fear that will never happen because I never make it a habit to pay anyone to remind me whether I should become a client. I am an adult and I don't need you, or anyone, to remind me of anything - - especially whether I should be your client. If I decide that I need your representation, I'll be sure to let you know - - and I'll charge you for the luxury and privilege of letting you know.

In summary, I find your "invoice" the height of nerve and gall. Therefore, if you feel you should be paid, perhaps you will feel better telling your story to a judge. I know I would, and if I'm wrong, I wouldn't mind having a judge tell me to pay you.

Please look forward to "my" official invoice for $35.00 in the next few days concerning this letter, informing you I have no intention of paying you one thin dime in this regard.

Mr. ___________, I don't think you fell off the turnip truck, and I hope you don't feel we have either.

Very truly yours,

Not an idiot in Missouri.
 
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Whyte Noise

Senior Member
I think I'm gonna copy that letter and print it out and mail it off. Maybe even give him the link to IAAL's response.... Your letter was a lot longer, more entertaining, and didn't cost me nothing!! Oh crap.... I'm gonna get a bill now, ain't I?? :D :p

Seriously though, I appreciate that IAAL. I just couldn't believe that we got a bill from him for his office sending us a letter reminding us that we had to pay his retainer fee to retain his services. But, I wanted to make sure this was something that was totally outrageous before he got that call tomorrow. Didn't wanna look like a dork or nothing.
 

I AM ALWAYS LIABLE

Senior Member
My response:

MG, this site may be called "FreeAdvice", but since I'm not an owner, I have no requirement to give away anything for "free". Also, a letter is NOT advice. It is actual work product. Therefore, and since you specifically asked for my help, I fully expect to be paid.

My invoice in the sum of $300.00 has been lodged with the FreeAdvice management. Please obtain a copy from Mary, and forward the said amount to Mary, for me, within 10 calendar days. You may make your check payable to IAAL.

I am looking forward to a great night on the town, and I thank you for allowing me to be of assistance to you.

IAAL

















**Gotcha!**
 

CMSC

Senior Member
oh my! I am really glad you said "gotcha" at the end, i was about to hand MG a carton of eggs for those precious cars of yours!!!!!

You are so evil...that is your new name, Dr.Evil.:D
 

karma1

Senior Member
but ry, if you egg the cars

he'll just make you wash them!!! lmao!!
IAAL-no response about our convention plans?! :cool:
 

Whyte Noise

Senior Member
$300?

$300?!?!?!?!

Is it too late for me to delete this thread? I mean, without evidence that you actually DID write a letter..... :p

Can't we work something out in trade? I mean, I can design a website for you.... Uhmmmmmm..... *thinks* I can... uh.... I can give you a Therapudic Massage.... Uhmmmmmm.....I can wash that gray right outta your hair.... Come on dude! $300?!?!?!?! Geez.... this really upsets me that someone I considered a close personal friend would stoop to such a level. *fans face "Southern Belle" style* I think I have the vapors. I might just have to seek legal recourse for emotional distress.... say, about $500 worth of it? :D :p ;)





Thanks again Freddie! :) "Looking Goooooooooooooooooooood"
 

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