Q: Legal over-billing problem in California?
I hired an employment lawyer on a retainer of $3500. The lawyer just obtained a severance amount of $5000 for me. I asked the lawyer about how much was left on the retainer and she said it is "long gone." So she is now charging me $900 from the severance amount on top of the $3500. Can she charge me for extra hours with asking me if I want to pay her beyond the original retainer? She was also dishonest and abusive in dealing with me.
A: Unless it was a flat fee, then a retainer is replenishable. If she did additional work, you probably owe. However, your retainer agreement may provide for status reports, billing statements, etc., on a regular basis. If you did not receive these, you may have the right to object. If this is the situation, and your attorney won't come to agreement with you, then you might be able to file a complaint with the State Bar.
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