Do I have to pay this?

[opie]

I paid $2500 for a retainer fee for my divorce attorney, who told me that I most likely wouldn't have to put anything additional down. My divorce, though completely uncontested, took over a year from start to finish, because my ex-husband's lawyer did everything to drag her feet. She refused to answer e-mails, faxes, and phone calls. Paperwork that she was supposed to have presented in a timely manner took her literally months to present. My attorney wasn't much better. Unless I contacted her I heard nothing in the progress of all of this, so naturally I e-mailed her to know the status of the proceedings. October 17, 2011 our divorce was finally final. I heard nothing from my attorney since then, but on Christmas Eve 2012 received a bill for $2400 in addition to the retainer fee. Turns out she was charging me for every e-mail, regardless of the size (most were one sentence). We have been divorced for over a year, and she sends me this out of the blue! I do know she has cancer, and maybe needs money for medical bills, but this to me is very unfair. If it wouldn't have been for the incompetance of my ex-husband's laywer I wouldn't have had to have e-mailed her in the first place! Do I have a legal leg to stand on?

 

[Proserpina]

I paid $2500 for a retainer fee for my divorce attorney, who told me that I most likely wouldn't have to put anything additional down. My divorce, though completely uncontested, took over a year from start to finish, because my ex-husband's lawyer did everything to drag her feet. She refused to answer e-mails, faxes, and phone calls. Paperwork that she was supposed to have presented in a timely manner took her literally months to present. My attorney wasn't much better. Unless I contacted her I heard nothing in the progress of all of this, so naturally I e-mailed her to know the status of the proceedings. October 17, 2011 our divorce was finally final. I heard nothing from my attorney since then, but on Christmas Eve 2012 received a bill for $2400 in addition to the retainer fee. Turns out she was charging me for every e-mail, regardless of the size (most were one sentence). We have been divorced for over a year, and she sends me this out of the blue! I do know she has cancer, and maybe needs money for medical bills, but this to me is very unfair. If it wouldn't have been for the incompetance of my ex-husband's laywer I wouldn't have had to have e-mailed her in the first place! Do I have a legal leg to stand on?

We cannot read your agreement, so it's impossible to say.

However - "most likely" is not legally binding. She has every right to charge you for time spent, unless your agreement specifically says otherwise.

 

[opie]

Right - she I suppose does have the right to charge, but my point is the reason behind all the charges. This uncontested divorce took over a year, because my ex-husband's attorney refused to do anything. She repeatedly ignored every attempt at fax, phone call, and e-mail, and I get billed for asking where we were at with the proceedings. If she would have been on the ball, I would not have had to e-mail to find out what was going on, and I wouldn't have had anything to be billed for. I am wondering because of these circumstances if I still have to pay this...also, do I have to pay a bill a year after the divorce was final, completely out of the blue like this?

 

[Proserpina]

Right - she I suppose does have the right to charge, but my point is the reason behind all the charges. This uncontested divorce took over a year, because my ex-husband's attorney refused to do anything. She repeatedly ignored every attempt at fax, phone call, and e-mail, and I get billed for asking where we were at with the proceedings. If she would have been on the ball, I would not have had to e-mail to find out what was going on, and I wouldn't have had anything to be billed for. I am wondering because of these circumstances if I still have to pay this...also, do I have to pay a bill a year after the divorce was final, completely out of the blue like this?

You can't hold your attorney responsible for your ex's attorney's stone-walling.

Yes, you're still responsible for the bill.

 

[Zigner]

So, you get the answer, agree with the answer, and then ask the question again? Yeah, I can see you paying an attorney more money because of this sort of behaviour.

 

[stealth2]

Right - she I suppose does have the right to charge, but my point is the reason behind all the charges. This uncontested divorce took over a year, because my ex-husband's attorney refused to do anything. She repeatedly ignored every attempt at fax, phone call, and e-mail, and I get billed for asking where we were at with the proceedings. If she would have been on the ball, I would not have had to e-mail to find out what was going on, and I wouldn't have had anything to be billed for. I am wondering because of these circumstances if I still have to pay this...also, do I have to pay a bill a year after the divorce was final, completely out of the blue like this?

Of course you have to pay her. What? You thought she would read/answer your emails for free? Do YOU work for free? If you sat in her office and cried for an hour, would you expect her to hand you tissues and not charge you? Come on. The woman runs a business. You retained her. You emailed her. You owe her. Period. End of story.

 

[Just Blue]

This OP is a thread deleter.

 

[LdiJ]

I do have to say that it is very odd that the attorney waited 14 months to send a bill. While that is still likely within the statute of limitations its certainly something that I would choose to have a chat with the state bar association regarding.

 

[Ohiogal]

I do have to say that it is very odd that the attorney waited 14 months to send a bill. While that is still likely within the statute of limitations its certainly something that I would choose to have a chat with the state bar association regarding.

A chat with the bar based on what? This may not have been the first bill that was sent. It may have been the first bill OP received. In addition, how is this an ETHICAL violation?
The bar deals with ETHICAL VIOLATIONS. Waiting to bill is not an ethical violation that I can find. How pray tell LD, would you say that it is?

 

[Willlyjo]

I paid $2500 for a retainer fee for my divorce attorney, who told me that I most likely wouldn't have to put anything additional down. My divorce, though completely uncontested, took over a year from start to finish, because my ex-husband's lawyer did everything to drag her feet. She refused to answer e-mails, faxes, and phone calls. Paperwork that she was supposed to have presented in a timely manner took her literally months to present. My attorney wasn't much better. Unless I contacted her I heard nothing in the progress of all of this, so naturally I e-mailed her to know the status of the proceedings. October 17, 2011 our divorce was finally final. I heard nothing from my attorney since then, but on Christmas Eve 2012 received a bill for $2400 in addition to the retainer fee. Turns out she was charging me for every e-mail, regardless of the size (most were one sentence). We have been divorced for over a year, and she sends me this out of the blue! I do know she has cancer, and maybe needs money for medical bills, but this to me is very unfair. If it wouldn't have been for the incompetance of my ex-husband's laywer I wouldn't have had to have e-mailed her in the first place! Do I have a legal leg to stand on?

My question is: What did the retainer fee of 2500.00 cover?

 

[LdiJ]

A chat with the bar based on what? This may not have been the first bill that was sent. It may have been the first bill OP received. In addition, how is this an ETHICAL violation?
The bar deals with ETHICAL VIOLATIONS. Waiting to bill is not an ethical violation that I can find. How pray tell LD, would you say that it is?

The state bar does not deal with just ethical violations it also deals with fee disputes...and this is definitely a fee dispute. I assume that you are not willing to state that the bar does not deal with fee disputes?

This article certain indicates that fee disputes are handled by the Ohio bar:

https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-9.aspx

 

[Ohiogal]

The state bar does not deal with just ethical violations it also deals with fee disputes...and this is definitely a fee dispute. I assume that you are not willing to state that the bar does not deal with fee disputes?

This article certain indicates that fee disputes are handled by the Ohio bar:

https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-9.aspx

A fee dispute deals with whether the attorney overbilled for something or if the attorney billed differently than the contract stated. Not when bills are sent. And again, we don't know that this is the first bill the attorney sent. We don't know what OP's fee agreement states. And you might want to quit assuming. And engaging in double-negative doubletalk.

 

[Proserpina]

And engaging in double-negative doubletalk.

<--- having visions of 1984....

 

[You Are Guilty]

"US law only"

If we had a specific state, we might be able to at least point out the type of billing/invoicing that needs to be provided to justify the additional bill.

But based on the fact that you seem to know it was for "every email", I'm guess it was detailed enough. As long as your retainer agreement provides what the hourly rate (and minimum billing increment) is, then I do not see any reason why you don't owe this bill. You pay for the lawyer's time regardless of whether you initiate the call or they do.

 

[aui]

Call your lawyer and complain

Call your lawyer and question about the bill. If your attorney refuses to explain the bill to you, you should tell your lawyer that you will file a complaint with the disciplinary commission. Don't just ignore the bill since your lawyer may sue you. Most lawyers are scared of disciplinary commission, and they won't want any troubles.