Q: Can an attorney for billing for time on hold with the IRS only to request a call back?
He billed $500 and just left a message. I am thinking of suing him.
A:
An Attorney can bill for their hold time if it is considered a part of their working time.
Within my firm, we often call the IRS and experience very long hold times even when using the particular practitioner line. We bill for the hold time unless we are disconnected during that hold and are unable to work on the case (i.e., talking to a representative, requesting a call back, submitting a form etc.). During the hold time, I review the specific clients case/ documents and take notes on the reason behind the call. Even if I am unsuccessful in getting through to a representative, if I am actively working or engaging in the case during that time, it makes sense to bill.
However, I would review your contract/ fee agreement with the specific attorney as it may state something otherwise. If you still believe the attorney was not engaged in work during this time, please consult a local attorney for legal advice.
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