If the engagement letter doesn’t state that, then don’t sign. Instead, call up the lawyer and ask that they include that condition in the engagement letter. If the lawyer won’t provide a written fee agreement, then you should look elsewhere for a lawyer.
An itemized bill should also contain a description of the work performed. [4] X Research source
However, you shouldn’t be billed for secretarial time or for the use of librarians unless you agreed to these fees in your fee agreement. [5] X Research source Your hourly rate also shouldn’t increase without your authorization. Make a note if it has. If you find any charges you never agreed to, then you should highlight them. Also write down any questions you have about a charge.
For example, your lawyer might have charged you $50 for photocopying. Check to see how many pages you had copied. If you think a charge seems high, then make a note. You can question the lawyer about the charge. You can also double check to see if filing fees were billed accurately. You can check the court’s website to find out how much it costs to file a document with the court.
Junior associates should do routine work like reviewing documents, creating files, and working with paralegals and clerks. If you see a senior attorney billing for these things, then you should be prepared to raise this issue. You also shouldn’t see any time billed for training junior attorneys. All training should be done on the law firm’s own expense.
Some projects might also be overstaffed. Each itemized entry should have the identity of a specific employee (called the “timekeeper”). See how many people are working on your case. If you are going through a simple divorce, for example, then there shouldn’t be three or four associates assigned to the case.
For example, the lawyer might charge $300 an hour. If they performed a half hour of work, then you should be charged $150. Also make sure that costs, such as photocopying, are totaled correctly.
Call your lawyer up. You may have to speak to a secretary. Have the itemized bill in front of you and ask why you were charged for certain costs.
The amount in dispute. Do you think the lawyer should cut $100 from a $5,000 bill? This might not be worth your time. In fact, mediation or arbitration can cost much more than a few hundred dollars. Whether you want to work with the lawyer again. You might have had a great relationship. In this situation, you might decide not to pursue the fee dispute. Whether you really authorized the expense. For example, someone in your company might have authorized that expensive expert witness you didn’t use at trial. If the lawyer committed malpractice or an ethical violation. You will have stronger leverage in a fee dispute if the lawyer was incompetent or if they breached ethical obligations, such as the obligation to maintain your confidences. A lawyer doesn’t commit malpractice simply because you lose a case. However, if they were truly terrible—such as failing to show up to court, or showing up completely unprepared—then you might want to pursue the fee dispute.
In mediation, you and the lawyer will meet with a third party neutral. This neutral is the “mediator,” and they help each side listen to each other. The mediator isn’t a judge, and they don’t decide which side is right. Instead, they try to help each side reach a resolution they can live with. Mediation is voluntary, and either side can walk away at any time. If you are interested in mediation, then contact the local bar association, which often has mediation programs you can use. [10] X Research source
If you think your attorney committed malpractice, then you might not want to use the arbitration service. It might prevent you from suing later on your malpractice claim. [12] X Research source You prepare for arbitration much as you would for a trial. You can introduce witness testimony or documents as evidence. You can also ask the lawyer’s witnesses questions. With a fee dispute, the main focus will be on the billing records and your fee agreement. See Dispute Attorney’s Fees for more information.
For example, the lawyer might get an “attorney’s lien” if you refuse to pay. This is a claim against your property, including any amount you win in your case. [14] X Research source If you win a $100,000 lawsuit judgment, then the lawyer could assert their attorney’s lien and collect from that judgment. Attorney’s liens are generally contractual in nature, so read your fee agreement to see if it mentions this lien. [15] X Research source Review the factors discussed above. A lawsuit takes more time, and costs more money, than either mediation or arbitration. You should only run the risk of being sued if you think you have a very strong case and if the amount in dispute is sufficiently large.
