Legal Question in Bankruptcy in Connecticut

Re: Questioning attorney billing to client after discharge/how to confirm/challe

I presume that the issue as to the amount of the legal fees comes about through the attorney filing a proof of claim where he is asking for an amount of money that you dispute. The Bankruptcy Court does rule on the amount of the fees, the reasonableness and even the complexity of the task in determining the amount of the debt. But, if the fees were already ruled on in a prior action, they will bind the Bankruptcy Court. If the bankruptcy case is a Chapter 7 (regular bankruptcy) most often the amount of the debt is not relevant because there will be no payment to the creditor.

The rule on legal fees in Connecticut is �As a general rule, attorneys' fees are determined by first calculating the lodestar, defined as �the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate.�� Sands v. Runyon, 28 F.3d 1323, 1333 (2d Cir. 1994).

If you feel that the fees are so excessive that the lawyer violated his obligation to you that the fee is reasonable, Rule of Ethics 1.5(a) then you can consult the Connecticut Statewide Grievance Committee. Again they will look to the reasonableness standard. There also should be a retainer agreement that will, hopefully, answer the question of how much you agreed to pay.

Your bankruptcy will stop any further billing of the past due legal fee. If the lawyer did work for you after the bankruptcy, then that is a new debt and not discharged by the bankruptcy.

I hope that this helps.