Legal Question in Legal Ethics in Michigan

How do I know if my Lawyer has over-charged me?

I believe my lawyer has over-charged me. It was a simple civil case over the right to have a jacuzzi which I won until it went to the appeals court. I did 99% of the research. She would charge me even she called just to chat. The opposing attorney has not charged even half of what she has charged. The case is not even over and she is threatening to sue . I already agreed to negotiate based on her suggestion but now she wants to sue. She is charging 40,000.00 and I've paid 12,000.00 so far.


Asked on 1/21/02, 9:05 pm

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: How do I know if my Lawyer has over-charged me?

Whenever a client says that it was "just a simple case," *I* shudder. If she's threatening to sue, then something is very wrong with your relationship.

The lawyer-client relationship is based upon a mutual desire to work together. If you feel you have been overcharged, then you should first try to straighten it out with your lawyer. Follow the advice of Atty. Stern: get the itemized bill, and go over the hours with her (without being billed for the time). Do it face-to-face. If you're still not happy, pay for the work she has legitimately done and terminate her services. If you signed a retainer agreement, check that you're only being charged what you agreed. What another lawyer charges isn't important, you have to pay what you agreed for work she performed.

Have the discipline yourself not to "chat" with your lawyer during business hours. If you found yourself doing the research, that should have told you something. You can't expect her to rely on your research, and you shouldn't have to do it, --not if she's charging you.

It sounds like you two need to better define the services you're receiving and the division of labor between you.

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Answered on 1/22/02, 1:36 pm
William Stern William Stern, P.C.

Re: How do I know if my Lawyer has over-charged me?

I wish I had clients like you. Get an itemization and then go over the itemization with a lawyer you trust. Also, make sure you have the lawyer look at your fee agreement.

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Answered on 1/21/02, 9:20 pm


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