Modesto, CA asked in Legal Malpractice for California

Q: California - Attorney billing. Can a attorney bill a client to file paperwork to change a court date

Been a very difficult experience. We hired an attorney to represent my girlfriend in an alimony case. This is the worst experience I've ever encountered in terms of representation. While reviewing the billing, I noticed the Attorney billed my girlfriend to complete a form to request a change for a new court date including a court filing fee. The reason on the court form was the attorney was unavailable on that date. We were prepared to go to court that day. Is it standard practice to bill a client for something like this? I was a CPA in public practice and in our field we would never bill a client for something like this. We would bill a client if a client was making the request. Not because we had a personal reason or scheduling conflict or any other reason that was due to us and of no fault to the client.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: It is not unlawful, but it may be improper. First, you have to look at your retainer agreement. Next, you should discuss your concerns with the attorney- maybe he used a computerized billing program that automatically billed for all tasks recorded, and he is willing to remove the charge. (I would not bill for something for my personal convenience) If you cannot resolve this with the attorney, amicably, the local bar association has a Fee Arbitration committee, the State bar has a client relations committee and these organizations can assist with advice or even ultimately an arbitration. They are not free services in all instances.

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