Legal Question in Family Law in California
Im getting a divorce. my ex told me to get a lawyer because he was going to take everything from me. So I got a lawyer paid a $ 3,500 retainer fee. he is representing himself. MY lawyer is charging ME for every phone call he makes to MY attorney. Now I owe another $ 1700 because of his phone calls and him going by MY attorneys office to ask questions. Can lawyers do this? charge ME for his time?
3 Answers from Attorneys
Whenever an attorney works on a case, the time is billed. Whether the call is from your ex or an opposing attorney or whomever, it constitutes work done on your case. It is proper for the attorney to charge the case file. Your attorney should NOT be be advising him as to his personal options though but should refer him to an attorney; you need to be clear on what you are being charged for. Talk to your attorney to get a clear understanding of billable events.
The answer you got was correct, but I would add that if your attorney is not using good judgment in dealing with your ex2B, by refusing to take multiple calls or spend time in non-productive discussions, you should object and ask for a fee adjustment. Then demand that he/she be more efficient. Your lawyer does not have to take every call from your ex, or spend a lot of wasted time on the phone. You have the right to manage your lawyer's billable time within reason.
Your lawyer needs to put an end to it by filing a motion for your ex to pay your attorney's fees pursuant to Family Code section 2030 and/ or 271.