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Brad Gosse

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#1

Lawyer Ethics Question

04-09-2009, 04:08 AM

Your lawyer asks for a $14,000 retainer.
Does a ton of work on your behalf over the course of a year.
Then presents you with a $12,000 bill over and above your retainer.

The lawyer never notified you when your retainer ran out.

Is this legal or even ethical?

I know this is not a place to get legal advice but what would you do?

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#2

04-09-2009, 04:21 AM

Is the lawyer US-based? If so, check with the bar association of his state and ask about the Rules of Professional Conduct's provisions regarding notification provisions for fees over the initial retainer amount.

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rbrruss

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#3

04-09-2009, 04:26 AM

It all depends on what the original agreement was.

Did you sign a written retainer agreement?
It should contain the terms, including whether the 14K was a retainer to billed against hourly or a flat fee.

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james_clickmemedia

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#4

04-09-2009, 05:07 AM

I used to get monthly statements from my lawyers so I know who much of the retainer is remaining, however now I just get an invoice each month and pay it. Been a client for so many years he knows I am good for the money.

You should have received monthly statements.

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HorseShit

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#5

04-09-2009, 05:15 AM

Doesn't seem right but like others mentioned, we don't know what you originally signed.
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Brad Gosse

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#6

04-09-2009, 05:58 AM

My original engagement letter stated we would receive monthly statements and we did not.

The original retainer was actually $7500 then a couple of months after he asked for another $7k retainer which was paid. Then the big bill.

My main question I guess is do you think he was obligated to notify me when the second retainer ran out?

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Phoenix

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#7

04-09-2009, 06:01 AM

morally yes...legally no

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EscortBiz

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#8

04-09-2009, 06:05 AM

no clue about details of the story but in these hard times many pull all types of tricks, nothing surprises me really, but that goes the other way too, many who owe money to people start picking things apart and figure out ways not to pay

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WiredGuy

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#9

04-09-2009, 07:22 AM

I'd try to work out a settlement. I had an outragous bill from my lawyers recently, about $8k, for service taht was done in 2006/7. It was insane. I managed to talk it down to about $5500. If they did the work, they'll be interested in working a settlement to keep you.
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#10

04-09-2009, 07:30 AM

Originally posted by WiredGuy

I'd try to work out a settlement. I had an outragous bill from my lawyers recently, about $8k, for service taht was done in 2006/7. It was insane. I managed to talk it down to about $5500. If they did the work, they'll be interested in working a settlement to keep you.
WG

to keep him? I mean if he feels they screwed him he should never work with them again, once a fuckup always a fuckup

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rbrruss

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#11

04-09-2009, 07:35 AM

Originally posted by Brad Gosse

My original engagement letter stated we would receive monthly statements and we did not.

Then he has breached the agreement. He may still have a claim for the money if he can show he did the work and you benefited from it, but his failure to notify you as required should at least give you some leverage to work out a favorable settlement for less than he is asking.

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Pleasurepays

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#12

04-09-2009, 07:36 AM

Ethical or not. this is typically covered in the retainer agreement you signed when you paid a retainer. As $5 submissions said... any questions? ... next step State Bar Association and ask them what to do etc.
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WiredGuy

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#13

04-09-2009, 07:39 AM

Originally posted by EscortBiz

to keep him? I mean if he feels they screwed him he should never work with them again, once a fuckup always a fuckup

Not necesarrily, especially for lawyers. My bill got out of control because there was too many lawyers involved in the issue and not enough control over it, my lawyer agreed and cut the bill about 35%. It can happen at larger firms.
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#14

04-09-2009, 07:40 AM

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Brad Gosse

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#15

04-09-2009, 07:50 AM

Originally posted by EscortBiz

to keep him? I mean if he feels they screwed him he should never work with them again, once a fuckup always a fuckup

I don't feel screwed and would use this law firm again. I just don't think the way I was billed is fair.

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#16

04-09-2009, 08:09 AM

Originally posted by Brad Gosse

My original engagement letter stated we would receive monthly statements and we did not.

The original retainer was actually $7500 then a couple of months after he asked for another $7k retainer which was paid. Then the big bill.

My main question I guess is do you think he was obligated to notify me when the second retainer ran out?

is he in Canada ? If so go to the Law Society of Upper Canada and have him "Taxed" which means they will go tru the billings and see if it's fair .

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_Richard_

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#17

04-09-2009, 08:10 AM

Originally posted by $5 submissions

Is the lawyer US-based? If so, check with the bar association of his state and ask about the Rules of Professional Conduct's provisions regarding notification provisions for fees over the initial retainer amount.

this would be the answer

that, and making an angry website linked to the lawyers name
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#18

04-09-2009, 07:40 PM

My view is that lawyers should give clients frequent billing updates, probably monthly.

I think you can make a practical argument to your counsel that you have the right to be informed..

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