Legal Question in Legal Ethics in New York
I sold consultation hours to a client and gave her 18 months to use them 6 more months than originally promised. They did not use them all and when they tried 20 months later I told them their hours expired. Now they are requesting a refund for the unused hours. Has their statute of limitations run out? Or is there such a thing? Are services to be offered in perpetuity?
1 Answer from Attorneys
The use of the term statute of limitation is not accurate in this case as it refers of one's right to bring a legal action in court within a certain period of time. If you have an agreement, even if it's an email/text that outlines the terms you both agreed to, then you should get their response as to why they do not want to abide by the agreement you had.
However, as a compromise in your situation, since they asked for the services fairly soon after the agreement you had expired maybe say that your rates in the last year and a half have increased and you are willing to consult provided they pay additional fees to reflect your current fee. If they agree to this, such agreement should be memorialized in writing.
PM me if you will need help with such an agreement
Roman R. Fichman, Esq.
email: Info (@) TheLegalists (dot) com
Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
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