Can or should I dispute a charge from a lawyer?

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Latest post 02-20-2013 11:21 AM by Kivi. 1 replies.
  • 02-20-2013 11:08 AM

    Can or should I dispute a charge from a lawyer?

    Here's what happened: I was represented by an attorney and had a Rule to Show Cause filed against me.  We had scheduled court date and nobody showed except me.  Judge asked me to approach and I told him last I knew I was suppose to be here in court.  I told him I'd like to proceed and he agreed, he said he had enough with these two attornies(mine and other). I made statement and he dismissed rule to show cause.  I went home later and informed my attorney it was dismissed and judge wasn't to happy that her or other attorney showed up.  She said they didn't show because they agreed to continue it.  The judge nor i was informed.  Five days later my attorney files for continuance of that case and judge dismissed it saying it was moot.  I asked my attorney why she did that when I already had it dismissed.  She said she agreed to do it with other attorney and forgot to send a motion for continuance.  I get the bill and she is charging me for this motion to continue hearing when there was none, and she is required to represent me so why would she file something when case was already dismissed?  I shouldn't have to pay her because she messed up.  So is there anything I could do? 

  • 02-20-2013 11:21 AM In reply to

    • Kivi
      Consumer
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    • Joined on 01-01-2005
    • CA
    • Posts 6,078

    Re: Can or should I dispute a charge from a lawyer?

    You can file a fee dispute complaint with the state Bar. I saw some info for the Chicago area on the process. The actual process is likely to be similar in all of IL, but where you file may vary by county. Make a call to your local Bar Association and inquire about fee dispute services. You do not have to go into detail about your complaint over the phone.

    I would first try to resolve this one informally with her. It looks like we are talking about a couple of billable hours of attorney services, not Fort Knox, in terms of what you might owe here.

    The other issue, of course, is whether you have an ongoing need for her services. You may not endear yourself to your attorney if you go straight to the state Bar  with this one (which is why I suggest that you try an informal resolution first). You might need to consider a new attorney for any further issues that may arise in your case as a fee complaint probably will not help your relationship with your attorney on an ongoing basis. .

    On the other hand, if the case is over, then you may not be concerned about what she thinks.

     

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