Lawyer Ethics Question - GoFuckYourself.com

Brad Gosse · 04-09-2009, 05:08 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?

$5 submissions · 04-09-2009, 05:21 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.

rbrruss · 04-09-2009, 05:26 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.

james_clickmemedia · 04-09-2009, 06:07 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.

HorseShit · 04-09-2009, 06:15 AM

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

Brad Gosse · 04-09-2009, 06:58 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?

Phoenix · 04-09-2009, 07:01 AM

morally yes...legally no

EscortBiz · 04-09-2009, 07:05 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

WiredGuy · 04-09-2009, 08:22 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.
WG

EscortBiz · 04-09-2009, 08:30 AM

Quote:

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

rbrruss · 04-09-2009, 08:35 AM

Quote:

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.

Pleasurepays · 04-09-2009, 08:36 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.

WiredGuy · 04-09-2009, 08:39 AM

Quote:

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.
WG

pixovore · 04-09-2009, 08:40 AM

Best of luck on this Brad!

Brad Gosse · 04-09-2009, 08:50 AM

Quote:

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.

JFK · 04-09-2009, 09:09 AM

Quote:

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 .

_Richard_ · 04-09-2009, 09:10 AM

Quote:

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

DaddyHalbucks · 04-09-2009, 08:40 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..

04-09-2009, 05:08 AM	#1
Brad Gosse Confirmed User Join Date: Jan 2002 Location: Carpal Tunnel Posts: 2,616	Lawyer Ethics Question 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? __________________ Free Clipart

04-09-2009, 05:21 AM	#2
$5 submissions I help you SUCCEED Industry Role: Join Date: Nov 2003 Location: The Pearl of the Orient Seas Posts: 32,195	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. __________________ Need a NON-ADULT income stream? We build your YOUTUBE CHANNEL for only $20 per video! For Hire: $3/hour or $400 per month Marketing Specialist Virtual Assistants

04-09-2009, 05:26 AM	#3
rbrruss Confirmed User Join Date: Aug 2002 Location: South Florida Posts: 228	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. __________________ RubberDollars - Latex and Gothic Kink

04-09-2009, 06:07 AM	#4
james_clickmemedia Confirmed User Join Date: Apr 2003 Location: Texas / London Posts: 2,204	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. __________________ $ CLICKMEMEDIA.COM $ CONVERTING ETHNIC TRAFFIC SINCE 1998 ~ $30+PPS BLACK-X.COM - NEW BLACK EX-GF SITE CLICKMEMEDIA.COM ~ ICQ - 8788771

04-09-2009, 06:58 AM	#6
Brad Gosse Confirmed User Join Date: Jan 2002 Location: Carpal Tunnel Posts: 2,616	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? __________________ Free Clipart

04-09-2009, 06:15 AM	#5
HorseShit Too lazy to set a custom title Join Date: Dec 2004 Posts: 17,513	Doesn't seem right but like others mentioned, we don't know what you originally signed.

04-09-2009, 07:01 AM	#7
Phoenix BACON BACON BACON Industry Role: Join Date: Nov 2002 Location: Poems everybody, the laddie fancies himself a poet Posts: 35,469	morally yes...legally no __________________ Skype Phoenixskype1 Telegram PhoenixBrad https://quantads.io

04-09-2009, 07:05 AM	#8
EscortBiz Fuck Checks, CASH only! Join Date: May 2002 Location: New York City Posts: 19,422	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 __________________ Spanking, Medical Fetish, Sleeping, Strap-on Anal Lesbians, Girls Fucking Guys, Handjob site REAL HOT, Shemales, Anal and Ass Licking sites 100% Real EXCLUSIVE with amazing retention, ccbill payouts, lots of content FREE FTP HOSTING Promote the largest and oldest member paid escort site, Converts 10 times better then any dating site, CCBill payouts ICQ# 158802076

04-09-2009, 08:22 AM	#9
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,500	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 __________________ I play with Google.

04-09-2009, 08:36 AM	#12
Pleasurepays BANNED - SUPPORTING TUBES Join Date: Aug 2002 Location: I live in a pile of boogers Posts: 11,913	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.

04-09-2009, 08:40 AM	#14
pixovore Confirmed User Join Date: May 2005 Posts: 1,128	Best of luck on this Brad! __________________ 80% Revshare or 30$ PPS on $1 trials: 200 Niches = Vidz.com Galleries / FLVs / Embeds 3 & 5mins FLVs \| RSS & Tube Feeds \| Matching Thumbs \| FLV Browser & Exporter \| No Prechecked Xsales >> Mobile Redirection Script: mobile.vidz.com also paying 80% net Lifetime << ICQ: 198-394-557

04-09-2009, 08:40 PM	#18
DaddyHalbucks A freakin' legend! Industry Role: Join Date: Feb 2004 Location: Las Vegas, Nevada USA Posts: 18,975	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.. __________________ Boner Money