Legal Question in Business Law in California
Threats?
A client's ex-husband who claims to be an attorney contacted us via email and phone seemingly to question a final invoice amounting to around $5k for graphic design services and business consulting/marketing services. We are suspicious of his demands, accusations and threats and suspect that he is merely attempting to bully us. We have a well-documented, well-established relationship with this client that spans over a year. For this project, we have been billing for time and materials. Invoices are itemized by type of service provided/number of hours or materials/cost (QB). While we are perplexed and feel that we have always acted in good faith and billed fairly, we are unsure of our legal position and any obligation we have to even interact with him (or her) on this matter. We billed for our services and if she chooses not to pay, we'll send it to collections. Example accusations & threats: ''billing practices may be fraudulent and you may have breached other duties'' or that we have ''acted wrongly'' and threats such as ''filing a cross-complaint...for such wrongul acts'' (as sending her to collections if she doesn't pay) and that ''This matter may lead directly to your financial ruin.'' (?????)
2 Answers from Attorneys
Re: Threats?
The person probably isn't an attorney. A real lawyer would know that a cross-complaint can only be filed in response to a previously-filed complaint. A cross-complaint is never the initial salvo. You can look up on the California State Bar's Web site, which allows an attorney's name, address, status, etc. to be viewed on line at www.calbar.ca.gov.
The charges being made have a phony ring, and might even border upon extortion.
My next question would be whether you still have a good relationship with the client or client representative with whom you've dealt in the past... and does she endorse or disapprove of the threats?
Have you sent periodic invoices, so that the client didn't get a rude shock upon seeing your final bill? Were the prior bills accepted without challenge (whether paid or not)?
Do you have a clear written agreement with the client?
Re: Threats?
The person probably isn't an attorney. A real lawyer would know that a cross-complaint can only be filed in response to a previously-filed complaint. A cross-complaint is never the initial salvo. You can look up on the California State Bar's Web site, which allows an attorney's name, address, status, etc. to be viewed on line at www.calbar.ca.gov.
The charges being made have a phony ring, and might even border upon extortion.
My next question would be whether you still have a good relationship with the client or client representative with whom you've dealt in the past... and does she endorse or disapprove of the threats?
Have you sent periodic invoices, so that the client didn't get a rude shock upon seeing your final bill? Were the prior bills accepted without challenge (whether paid or not)?
Do you have a clear written agreement with the client?
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