Legal Question in Employment Law in New York

Legal bill dispute

I have a legal bill totaling $40,000 of which I have paid

approx. one half. There is $20,000 still owed. In the course of the matter my attorney failed to file a supplemental claim with the 'insurance'body who MAY have

granted an extra $30,000 in relief.This fact is well documented,annoying,and the claim deadline is now offically past as well as the issues and thrust of the argument for

extra reimbursement are disipated. Is it correct to see my

balance due as offset by this error? I know the reimbursment

was a maybe...not a yes...but it is not possible to know now

what that outcome would have been.


Asked on 1/27/03, 3:09 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Legal bill dispute

Essentially you are talking about a professional malpractice claim. In order to succeed on such a claim, you will have to show that your attorney's conduct fell below a reasonable standard of care and that you would have been successful but for the attorney's negligence. In other words, if this were a lawsuit, you would have to show that you would have been paid these additional funds, which would be achieved by the presentation of evidence (i.e., calling as witnesses the third party who would have made the reimbursement decision).

As a practical matter, perhaps you could work something out with your attorney on a voluntary basis.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.

Read more
Answered on 1/27/03, 8:29 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New York