Legal Question in Family Law in Maryland

I recently hired a lawyer to handle a change of custody case for a divorce that is 10 years old. My child is 13, a girl and wants to live with me. I have proof that her father abandoned her for 6 months and then for the past two years I have had full custody even though the court documents still said joint custody. Despite all this proof my lawyer wanted to see if they would be willing to settle if he first sent a list of interrogatories and requests for documentation. It was about 28 discovery questions and 30 requests for documentation. 27 or so of these pages were standard forms used in every custody case. There were SLIGHT amendments but I could have done it in an hour. He is charging me 8 hours. Is this unreasonable and if so what options or recourse do i have?


Asked on 11/13/10, 9:54 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Without seeing the interrogatories, requests for documentation, or your legal bill, I cannot comment (nor should any attorney) on the reasonableness of the bill. With that said, before you do anything else, I strongly recommend that you speak with your attorney and POLITELY ask the attorney to explain the bill. No one likes to be accused of impropriety, so give him a little bit of time and an opportunity to explain. Remember, this is a person you have entrusted to handle a custody case involving your most prized possession (your daughter), so it makes sense to maintain a good relationship with him. It is possible that human error contributed to the bill -- many attorneys have secretaries and paralegals prepare the bills and trust them to get it correct. Give him an opportunity to correct it without throwing insults or accusing him of fraud. Mistakes happen!

If after speaking with your attorney it becomes apparent that he believes the work you describe above is worth 8 hours of his time and he refuses to lower the amount of time, you have to decide not only whether you are going to pay him for his time, but also whether you want him to continue to represent you and whether you are going to report him to the Maryland State Bar.

Best of luck.******The above is for informational purposes and does not create an attorney-client privilege.*******

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Answered on 11/27/10, 5:34 am


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