Legal Question in Construction Law in California

Question: Is it �Over Billing �of service rendered? There was only one rate ($300/hour) for the whole duration of billing (total $80,000+ worth)? What about work done by clerks, paralegals or junior associates if any? They even used a lawyer to perform "Proof of Service by mail".For court case, is it legal for a lawyer to take the case without a signed written retainer agreement? When ended the bill was $80,000+ and no retainer agreement till the end.


Asked on 1/22/12, 6:31 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The bill should clearly reflect who did what work and what their normal billing rate is. The work should be described in enough detail so you know generally what was done. Most attorneys do not bill for the work done by secretaries, only associates and para-legals. If there was no retainer agreement then the attorney can only collect based upon the "value " of the work done. Local bar associations [county wide basis] have fee arbitration panels. It is worth the money to get advice from an attorney and perhaps even have one prepare a declaration as to the excesses and whether the outcome was worth the amount charges/or the work was worth the amount charged. You need to go through the billing sheets very carefully and point out any repetitive or questionable charges.

If you need any additional information, you can give me a call and the first 15 minutes are free [I care only $150 as I am semi-retired and have little overhead].

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Answered on 1/22/12, 7:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

State Bar rules and the Business & Professions Code (see section 6148) require a written fee agreement (not a retainer agreement) when the lawyer's charges for legal services and case-related expenses is expected to exceed $1,000. Clearly a case with an $80,000 fee requires a written agreement between attorney and client.

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Answered on 1/22/12, 7:48 pm


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