Legal Question in Legal Ethics in Idaho

Billing problems

We paid a flat fee for a 5 day trial. The trial never did take place - my friend took a plea bargain. When we asked for a refund, our laywer said that she did not owe us a refund because of the hours that she worked. Is it ethical for a lawyer to charge a flat fee and then charge an ''hourly rate''. We never did receive any trust account statements, so we really don't know how many hours she put it. We did get copies of the file and there was not any sign of trial prep. Hopefully you can help us how to proceed. We are very frustrated and feel like we were taken advantage of after spending $50,000 for a trial that never happened.


Asked on 9/20/05, 11:23 pm

1 Answer from Attorneys
Mark Banks-Golub Attorney at Law

Re: Billing problems

The rules of professional conduct for most states prohibit an attorney from charging a fee that is unreasonable relative to the work performed. In addition, many states provide for mandatory arbitration in cases of fee disputes.

You might wish to consider filing a complaint with your state bar. They will have a procedure for you to protest the fee.

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Answered on 9/21/05, 11:21 am


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