All You Must Know For Resolving A Disagreement Over Fees

A fee agreement was probably requested of you when you met with your lawyer to discuss your case.

Most attorneys ask their clients to sign fee agreements before they perform any legal services on their behalf. You may have assumed that you understood the fee agreement after reading it. It’s possible that some of what was said there was unclear to you.

Still, you might have signed the agreement without asking any questions due to the impatience of starting the case.

If you thought that having a signed fee agreement would help you understand how much you would pay for legal services, you may be surprised when you receive your attorney’s bill and it does not seem to align with what you thought that you read in the fee agreement.

When this happens, you might be unsure of what needs to be done.

There are a few ways that you can handle this situation and get a resolution that you are comfortable with.

Fee Agreement

If you have not yet signed a fee agreement with a lawyer, ensure that you understand all legal fees and costs that will be assessed to you.

Legal fees are the amount charged by an attorney for their services such as providing legal advice, preparing legal motions, and appearing in court. Legal costs are other expenses that may arise in your cases like filing fees, postage, and copying costs. Ensure that this information is clearly stated in the fee agreement. Lawyers have agreement flexibility and may choose to charge a particular client a lower rate or not charge after a certain amount has been incurred in the case. If you are unhappy with the arrangement with that lawyer, you can always hire another one.

If you received a bill after signing your fee agreement, refer to it when dealing with this issue. Inform your attorney of the applicable section of the agreement. Refer to the paragraph that addresses the maximum amount that your attorney agreed to charge you if, for example, your attorney agreed not to charge you more than $3,000 in legal fees.

Contact Your Attorney

Even if you don’t have a document to refer to, contact your attorney as soon as you realize there’s a problem with the bill.

You have a professional relationship with your attorney, and it is usually in his or her best interest to resolve this matter with you as soon as possible. Respectfully point out the portion of the bill that you believe is excessive and explain why. Mention if your attorney provided you with information that contradicts the bill.

For example, if your attorney said it would only take one hour to draft your complaint but the bill shows three hours of billable time, inquire about the difference.

Check the Bar Association

Check your attorney’s biography page on the firm’s website to see where he or she is a member. He or she might be a member of a state, county, or city bar association. Many of these organizations provide a mediation program or other program to help resolve these types of issues quickly and amicably. This strategy can save you time and trouble in court.

However, there may be a participation fee, and the mediator may be allowed to take a percentage of the fee in dispute.

Even with these limitations, you may incur fewer expenses than if you had to litigate the case, and the issue may be resolved more quickly than if you went to court.

Arbitration

Even if your local bar association does not have a program, you may be able to have your dispute arbitrated. This procedure is typically carried out by one or more neutral individuals who have received training in arbitration and alternative dispute resolution. The neutral arbitrators hear both sides of the argument and then make a decision. Usually, both parties agree to make the arbitrator’s decision binding. This procedure may be less costly and less time-consuming than going to court.

Mediation

Mediation is more like a discussion than a trial. Both parties appear in front of a trained neutral mediator. They could all be in the same room, or they could be kept separate as the mediator moves back and forth. The goal is to reach an agreement that is acceptable to both parties without having to go to court.

Small Claims Court

Small claims court allows non-lawyers to file a lawsuit against a party who the individual believes owes him or her money. There are jurisdictional limits on the maximum amount for damages that can be sought in small claims court, such as $5,000.

Disciplinary Committee

As a last resort, you could file an ethical complaint against the lawyer with the disciplinary committee that handles lawyer complaints. Even if you do not file an official complaint, threatening to do so may urge the attorney to resolve the issue.