QUESTION
After an unused retainer is refunded to the client, can a law firm bill the client again asking for additional money?
Asked on Nov 25th, 2012 on Divorce - Colorado
More details to this question:
Jan. 2010 filed for divorce, March 2010 stopped divorce. Unused retainer was not paid to me until August 2012. This check was cashed, two months later law firm says billing was wrong and I owe them additional money.
8 ANSWERS
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Attorneys are people, and everyone makes mistakes. There are occasions where bills for costs come in after representation has ceased; for example, an additional bill for reporter costs for a deposition, etc. The action is not unlawful, but any additional requests for money should spell out the exact nature of the mistake and the amount at issue. The amount of time between the end of your representation and return of the retainer is concerning. If you dispute the bill, call your local bar association and inquire about their fee arbitration program.
Answered on Nov 28th, 2012 at 6:48 AM
Dennis P. Mikko
If there was an error in the billing, the law firm could bill you even though they refunded the unused retainer.
Answered on Nov 28th, 2012 at 6:37 AM
You can take fee disputes to either the State Bar or the local Bar association if they have a fee dispute procedure.
Answered on Nov 28th, 2012 at 12:01 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Get an appointment with the firm and go over the bills in detail. It's strange that they'd refund the balance and then ask for more.
Answered on Nov 27th, 2012 at 11:35 PM
If there was additional service, I would think that it would be appropriate.
Answered on Nov 27th, 2012 at 11:30 PM
It sounds like an accounting issue I recommend you meet with the bookkeeper of the firm and try to unravel what the difference is.
Answered on Nov 27th, 2012 at 10:33 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The correct question is probably not whether the firm "can", but whether it "should", bill you for services it previously failed to bill you for. The answer is that it probably depends on what they are now billing for (& how much) and why the mistake occurred. If the refund statement did not clearly state that your account was "paid in full" or there is something in the fee agreement authorizing billing after a refund, it may come down to a question of whether or not you were justified in believing the refund meant you were "paid in full" or whether you should have realized there was a mistake.
Answered on Nov 26th, 2012 at 3:40 PM