At first glance, the prospect of discussing with your lawyer the adequacy of his fees may seem like a daunting task. You probably rely on your lawyer to represent your interests in ongoing cases. When the representation is over, you may feel compelled to pay the unpaid bills, even if they are outrageous, since your lawyer is the last person you want as an adversary in a legal dispute. You acknowledge that your lawyer has a superior knowledge of the legal system that will govern any settlement dispute. Even if the lawyer has been a lazy incompetent in representing your interests, you think he will likely turn into a 21st century matlock if he has to collect his fees. Spending money on another lawyer – assuming you can even find a loan to oppose another lawyer`s fee claim – doesn`t please you. After all, you may feel that the legal system protects its own and maintains fees without considering the facts of your case. While promises made to a lawyer can be reviewed by a court, promises made to a client are almost always fulfilled. Nevertheless, lawyers often tell their clients that they are entitled to a “premium” on the agreed fees because the case has become more difficult than expected or because of an unexpected favorable outcome.

It is common for such a lawyer to “negotiate” the increase in fees in the middle of a commitment. Courts and bar associations will review these “negotiations” to determine if they are evidence that the lawyer has invoked inappropriate leverage. 4) The lawyer must maintain control over the collection process. A lawyer is not required for you to respond to the lawsuit or send a discovery, but it is a good idea to contact a lawyer if you have defenses or claims against the creditor. Many state bar associations now offer fee arbitration that simplifies the entire process so that parties can get a verdict without the huge amount of time usually involved in commercial disputes. In New York State, the Fee Dispute Arbitration Program applies to all fee disputes, with the exception of criminal cases where disputed fees are greater than $1,000 and less than $50,000. The program is voluntary for clients, but mandatory for lawyers. Both parties have the opportunity to take legal action after the Bar Association committee has made a decision. If neither party sues within 30 days, the committee`s decision becomes final. The collection agency must provide a copy of the creditor contract if you request it: if the creditor sold your claim to a collection agency, the travel agent is required to keep a copy of the contract between you and the original creditor in the file showing your account number with the original creditor. You have the right to request a copy of this contract so that the collection agency can prove that it is authorized to collect the debt. Often, the collection agency prefers not to bother to find, copy and send you a copy of the creditor contract and will simply stop the collection efforts against you instead of going through these extra steps.

Customers are best served when they resolve a fee issue as early as possible. Good and honest lawyers will explain to you why your bill says what it says. They will admit errors when justified and suggest ways to minimize costs without compromising future results. If your lawyer is not willing to discuss the bills, you should write down your concerns and consider ending the relationship. Like other businesses and professions, lawyers can take steps to recover claims. However, the lawyer`s unique role as a fiduciary and legal advisor exposes him to more restrictions on his conduct than other professionals. The downside of not raising billing issues with your lawyer is significant. You lose the chance to receive a mutually agreed discount.

The billing practice that offends you will undoubtedly continue. Finally, if the fee dispute is brought before a court or arbitrated, your lawyer will claim that you have consented to the disputed billing practice. For the client who receives an unreasonably high bill that is the result of unethical advocacy, waste or incompetence, these concerns can be overcome with a reasonable and managed approach. There are steps you can take, during and after deployment, to communicate your concerns to your lawyer. Proper questioning of invoices often leads to a mutually agreed discount and can even strengthen the relationship between lawyer and client. If everything else fails, a dispute over fee disputes provides significant relief from some relatively common examples of overcharging lawyers while protecting a lawyer`s right to reasonable fees. Ten points customers should consider: Small businesses move up and down through the culture they create and the practices they experience. If you want your small business to succeed, you probably have questions about how to legally collect the debt owed to you. If you`re curious to learn more or investigate a possible lawsuit against a defaulting debtor, talk to a debt collection lawyer in your area today.

If you think a “yes” answer is appropriate for any of these questions and there is a lot of money at stake, you should contact another lawyer. .