Legal Question in Wills and Trusts in California

Must an attorney provide regular monthly billings to clients with details of how much time was spent on a particular project.


Asked on 12/18/10, 5:09 pm

3 Answers from Attorneys

ROBERTA AVRUTIN Roberta Avrutin Law Offices

In general, lawyers should provide statements to clients as agreed to in the engagement agreement entered into by all of them. If the agreement does not address this, and the client entered into an hourly compensation agreement, or a contingency fee agreement, then it is reasonable to ask for a monthly statement describing services rendered and the time devoted to those services.

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Answered on 12/29/10, 5:39 pm

Mr. Avrutin is correct about proper practices, but they are not legally required unless set forth in the contract.

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Answered on 12/30/10, 8:00 pm
Anthony Roach Law Office of Anthony A. Roach

Neither Mr. Avrutin or Mr. McCormick are correct. The answer is provided by law.

"All bills rendered by an attorney to a client shall clearly state the basis thereof. Bills for the fee portion of the bill shall include the amount, rate, basis for calculation, or other method of determination of the attorney's fees and costs. Bills for the cost and expense portion of the bill shall clearly identify the costs and expenses incurred and the amount of the costs and expenses. Upon request by the client, the attorney shall provide a bill to the client no later than 10 days following the request unless the attorney has provided a bill to the client within 31 days prior to the request, in which case the attorney may provide a bill to the client no later than 31 days following the date the most recent bill was provided. The client is entitled to make similar requests at intervals of no less than 30 days following the initial request. In providing responses to client requests for billing information, the attorney may use billing data that is currently effective on the date of the request, or, if any fees or costs to that date cannot be accurately determined, they shall be described and estimated."

(Bus. & Prof. Code, sect. 6148 subd. (b).)

You can find the current version of the statute here:

http://law.onecle.com/california/business/6148.html

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Answered on 1/07/11, 6:28 pm


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