Legal Question in Family Law in New Jersey

Attorney changed contract twice and imposes interest on unpaid sum

Dear LawGuru, my attorney representing me in a custody trial was retained for 300.00 / hour. The case itself for different reasons dragged on for almost 2 years (and part of the judge's decision is now being appealed). At the onset of the second year the attorney quietly (without as so much as a phone call) raises the rate to 325.00. Several months later that rate goes up yet again to 350.00 / hour. I am in a rather bad shape financially at the moment and can afford to pay a modest sum a month towards the money I owe. The attorney was very understanding (almost sympathetic), but a month later that attorney imposes an interest rate onto the remainder of the balance. It just feels so brutally unfair especially if you knew just how much work I did myself and that was actually used in court by that said attorney. I was afraid to confront that attorney about two consecutive rate increases fearing that it would somehow impact _ efforts to win my case (I know it sounds silly - but when your child's future is on the line...) Do I have a right to ask that attorney to recalculate the total based on the agreed upon rate. Is it legal to start being charged interest on the remaining balance even though my repayment is in progress? Thank you!


Asked on 12/17/08, 6:58 pm

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Attorney changed contract twice and imposes interest on unpaid sum

I don't have the ethics rules in front of me, but I know you can up your rate. Exactly how it has to be done I don't remember at the moment. At best, the attorney is guilty of not communicating with you. However, this happens from time to time. Sit down and speak him or her. If the attorney really wants to retain you as a client, you'll be able to work something out.

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Answered on 12/17/08, 7:10 pm


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