Legal Question in Criminal Law in California

I am posting my question again with more clarity for Anthony Roach and Susan Hofmeister .

The same charge was listed twice through clerical error with a different docket number and my attorney charged me a fee so he could tell the court it was a duplicate/court error. Is it right for an attorney to charge 2K to tell the court (judge) it was a duplicate charge due to their clerical error? He checked on the paperwork while he was at the court for a different client and found out it was identical to the other docket number for the charge that was valid. In other words 1 of the charges was simply duplicated as a result of poor clerical work. My son had other charges that he was represented by the same attorney at the same time. I am only asking about charging 2K to say to the judge�hey this docket number 123456 is a clear duplicate of docket number 654321� The charge to make clear to the judge that docket number 123456 is a duplicate of 654321 cost me 2K. The representation of the entire case cost far more � I AM ONLY ASKING ABOUT CHARGING 2K FOR THE DUPLICATE CHARGE AS A RESULT OF CLERICAL ERROR.

Hope this is more clear. Thanks


Asked on 4/22/12, 7:31 am

4 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

if he put that clearly on a billing statement, that is strange in my opinion, i.e., "told Judge this was a duplicate charging" - $2,000. However if it's a flat fee, he may have done other things of which you are unaware.

I think it depends on the contract you signed with that attorney. In that contract it may also say how/where to deal with disputes about the contract. In short, your choice is to pay the $2,000, or not. If not, then the attorney can sue you in small claims or arbitrate, or whatever is his preferred dispute-resolution method (often is stated in the contract.) Or he might let it go. If he pursues it, he may win. Or not. Good luck!

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Answered on 4/22/12, 9:39 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Ms. Hofmeister. That sounds very high for such little work or such a simple task. But whether it is truly reasonable depends on your retainer agreement to some extent, and the nature of any other work he performed for you.

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Answered on 4/22/12, 3:41 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I read your question differently from Ms. Hofmeister and Mr. Roach, and my answer is different as a result. My sense is that the duplicate charge appears in a second case. If the lawyer's original contract was only for the first case, then it is appropriate for him to require a second contract and a second fee to deal with the second case. Since the way he explained to the court what had happened was probably by bringing a motion and arguing it in court, $2,000 sounds like a perfectly reasonable fee. It may even be quite reasonable if he had to bring a motion and make an appearance as part of the original case, as long as your contract permits him to charge you the way he did.

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Answered on 4/22/12, 5:23 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

yes that does sound reasonable & possibly likely.

Flat Fee is different from hourly billing and there are pros and cons to each way, for the attorney and/or client.

In my practice I charge almost everything on a flat basis because I have enough experience to know how much work something will generally tend to be. Also I don't want to keep track of what I'm doing minute to minute, create bills and/or possibly have to justify my bills. Clients also seem to appreciate knowing exactly what they will pay versus paying a smaller retainer but then at the end paying 4 times that amount.

On occasion I end up getting paid a very large amount per hour, more than I would (reasonably) charge for an hour. On the other hand, once in a while, I end up getting paid a much smaller amount per hour than I would (reasonably) charge. That�s the way the cookie crumbles, as 'they' say.

It�s a decision every attorney has to make how to bill their cases. This to me sounds as if it could only be a flat fee, and, then it may well be perfectly legitimate. Looking at the contract is your starting point to be sure.

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Answered on 4/22/12, 6:09 pm


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