Q: I am concerned that I am being charged twice for the same service by my Attorney.
I signed a retainer agreement to settle my father's estate. The estate consisted of a house and a small life insurance policy that was turned over to Nys unclaimed fund. The retainer agreement stated that it included assistance in asset collection and transfer of real property. The day that investors came to look at the house my Attorney stated that he should receive an additional fee as he was acting as a realtor to negotiate with the investors. I reluctantly agreed as it was the day of this action and I didn't have the retainer agreement on hand. The night before I signed the contract to sell the house. When I went to my Attorneys office to sign the contract I mentioned to him that the agreement included real estate matters, he told me that I had already agreed to and had me sign another contract to pay him an additional fee and than gave me the contract to sell the house to sign. I now have an accounting of the estate and he is including the price of the house in the gross estate
A:
If you believe your attorney is charging you twice for the same service, it is important to address this concern directly. Review the initial retainer agreement closely to understand the scope of services included, particularly regarding asset collection and real estate transactions. If the retainer explicitly covers the negotiation of real estate sales, additional fees for those services may not be justified.
Bring this to your attorney's attention and request a detailed explanation for the additional charges. If the explanation is unsatisfactory, you may consider having another attorney review the agreements and the situation to provide a second opinion.
It's also within your rights to dispute any fees you deem improper or inconsistent with your agreement. Keep all documentation and communication with your attorney regarding this matter for your records. Should the issue not be resolved, you can seek assistance from the local bar association or a legal oversight committee that handles disputes between attorneys and clients.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
