QUESTION

Does a lawyer bare the responsibility to explain how involved some things will be before honoring their clients request?

Asked on Apr 23rd, 2013 on Divorce - New York
More details to this question:
My friend requested that her divorce attorney ask the arbitrator a question regarding a decision on his judgement. She then got billed for letters to the opposing attorney and herself, conference calls with the opposing attorney and arbitrator, more letters and telephone calls regarding this one question. She was never told about the process of asking this one question and feels like she should have had it explained to her before the lawyer did all of this.
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8 ANSWERS

Ronald A. Steinberg
All a lawyer has to sell is his/her time, experience, skill, and results. If there was work, such as drafting and writing letter(s), then you have to pay for it. It is impossible for a lawyer to anticipate every little "wrinkle" in a case, and even if they did, to explain everything in the beginning would overload and confuse the client.
Answered on Apr 29th, 2013 at 7:57 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Don't get a lawyer heavily involved in your matter and then try to stiff him. Sounds like the matter wasn't worth dealing with to start with. A lawyer bills for his time. if you don't want to deal with it, don't start.
Answered on Apr 25th, 2013 at 10:02 PM

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First, you need to review the original retainer agreement with the lawyer. You also could file a fee dispute with the State Bar Association. Unfortunately, things always take longer to resolve than anybody expects, especially when disputes involve many parties and lawyers. Tey to work out a compromise with the lawyer.
Answered on Apr 25th, 2013 at 9:32 PM

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No, you hired the lawyer, then asked a question. Why would the lawyer not charge? No reason I can see.
Answered on Apr 25th, 2013 at 1:19 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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She should refer to her retained agreement for more information about what she is billed for and how it is billed.
Answered on Apr 25th, 2013 at 1:18 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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She asked a question and the attorney did his best to answer it. Perhaps the attorney overbilled, perhaps your friend complains about bills after she incurred the cost. Your friend should talk with the attorney about the bill and about the charges that were incurred and may be incurred.
Answered on Apr 25th, 2013 at 1:18 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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A lawyer is required to follow the specific instructions on his client, regardless of the fact that they may be very stupid and very expensive. The old adage is that you should be very careful about what you ask for because you just might receive it.
Answered on Apr 25th, 2013 at 1:17 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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She requested the work, he did the work that she requested. Now she pays. And how is this any of your business?
Answered on Apr 25th, 2013 at 1:17 PM

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