Legal Question in Family Law in California
attorney, client contract
My sister is going through divorce, she's represented by an attorney who charges her for every phone call the opposing party makes regarding the case.When asked the attorney why she's being charged,the attorney responded that she's obligated by the law to answer his phone calls on my sisters expenses because "he is not represented by a counsel". The lawyer doesn't consult my sister to confirm if she'd be willing to pay or not. The only way my sister know about the phone calls is through the bills.The attorney also said that she makes calls to him regarding the matter.Mr Lawguru, under what code or law is this entittled?
1 Answer from Attorneys
Re: attorney, client contract
Is there a written agreement with this attorney? There should be if the total fee exceeds $1,000.00. Generally, lawyers charge for all time spent on a case, including telephone calls. In fact, most lawyer time and billings relate to telephone calls. This should be clarified at the outset of the attorney/client relationship. If your sister feels she is being billed unfairly, she should first talk to the attorney. If still unsatisfied, she should seek other counsel and request a mandatory fee arbitration hearing before the local or state bar. In any event, she should always be prepared to pay the professional for the time spent of the case, including telephone calls, letters, discovery requests, and court proceedings, even if generated by the other side.
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