ChrisL 2 #1 January 11, 2008 Hypothetical (not really) situation. Let's say I retain the services of an attorney to represent me in a specific, non-criminal matter. I pay a retainer, after which he tells me what steps need to be taken and approximately how many billable hours involved, making sure to state that that the hours is just a ballpark figure. I state up front that I have a limited budget ($5,000.00) based on his ballpark figure and that if it looks like we are going to go past that figure he will need to let me know before we go over so we can work something out Well, far into the case and only one week from hearing date, he says "We may need to have EXPERT PERSON appear at the hearing as well" The cost of having EXPERT PERSON appear literally doubles the overall cost (EXPERT PERSON requires $5000.00 for a day) so I tell him no. We cant have EXPERT PERSON appear because I simply do not have the money for that. He says OK. I receive an invoice for his services for December and on the list I see I am charged for 3 phone calls both to and from EXPERT PERSON on the matter of that person appearing at the hearing. $150.00 for calls to the guy that I said could not appear. These calls happened BEFORE I knew anything about EXPERT PERSON possibly appearing, and thus, prior to my telling him that EXPERT PERSON could not appear. Something that monstrously expensive that would put me 100% over the budget I stated at the outset should have been brought to my attention the outset when discussing steps and ballpark figures, at which time I would have said no, this is not possible. Having said no in the beginning, as I should have had the opportunity to do, these calls would never have happened. IF he was going to add something so expensive, he should have discussed with me BEFORE doing any billable work relating to it. Should I have to pay for those 3 calls?__ My mighty steed Quote Share this post Link to post Share on other sites
BillyVance 35 #2 January 11, 2008 Quote Having said no in the beginning, as I should have had the opportunity to do, these calls would never have happened. IF he was going to add something so expensive, he should have discussed with me BEFORE doing any billable work relating to it. Should I have to pay for those 3 calls? Based on what you described, I'd say no. However, I'm no lawyer. That said, I have heard of lawyers charging for almost anything, even down to staple supplies. "Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban Quote Share this post Link to post Share on other sites
Jewels 0 #3 January 11, 2008 Sometimes you have to talk to experts in the field that's relevant to a particular case, whether it's to get general information on the subject matter at hand, or to determine the expert's actual knowledge of the subject, their availability, their fees, etc. Is it possible that this expert gave your lawyer useful information for the hearing, even if he's not going to appear? If the telephone calls resulted in your lawyer getting some information that you might benefit from, I would look at the charges differently than if those calls were strictly helpful in the event that the expert testified on your behalf. Ask your attorney for more information about the calls. They might be willing to reduce their invoice, or at least tell you why those charges are still appropriate.TPM Sister #102 Quote Share this post Link to post Share on other sites
ChrisL 2 #4 January 11, 2008 Quote Is it possible that this expert gave your lawyer useful information for the hearing, even if he's not going to appear? No. the EXPERT PERSON previously interviewed me and wrote a detailed report to attach to the petition along with his CV to establish his expertise. This service WAS discussed in advance and has already been paid for. His appearance would only have been to back up his report, already in evidence. The subject matter of the phone calls was limited to discussions about his possible appearance in person at the hearing.__ My mighty steed Quote Share this post Link to post Share on other sites
Jewels 0 #5 January 11, 2008 Well, if that's the case, ask your attorney about it. They may just not have caught it before the invoice was generated. (Many lawyers have time entry systems that they keep up with on a daily basis and it could have been entered when the calls were made but not caught again before the charges were sent to you.) If that's not the case, your lawyer should be able to tell you why those are still on there. I certainly understand your frustration, but it might be taken care of with a simple phone call.TPM Sister #102 Quote Share this post Link to post Share on other sites
BIGUN 1,488 #6 January 11, 2008 QuoteHis appearance would only have been to back up his report, already in evidence. I can't speak to the phone charges, but can tell you that I was representing myself (plaintiff pro se) in a civil court case. The defendant's attorney introduced an expert's document into evidence. I asked the Judge to allow me to cross-examine the expert in person. The expert was unavailable and the expert's document was thrown out.Nobody has time to listen; because they're desperately chasing the need of being heard. Quote Share this post Link to post Share on other sites
ChrisL 2 #7 January 11, 2008 His CV represent a good 85% of the petition. Thats why he gets $5000.00 for an appearance Anyway, his expert report and CV have already been stipulated to. Its a non-issue. Just wondering whether or not other legal minded folk think the phone calls represent legitimate billing __ My mighty steed Quote Share this post Link to post Share on other sites
lawrocket 3 #8 January 11, 2008 Not a legal opinion here, but: Look at the representation agreement. I have a section on mine that reads, "6. Expert Consultation/Witness Fees. Fees for appraisers, accountants, actuaries, psychologists, vocational counselors, investigators and other expert consultants and witnesses whose services are or may be necessary in this proceeding are not covered by this Agreement. Any such services shall be rendered to Client pursuant to separate and independent fee agreements between Client and the party providing such expert services. These fee agreements may require Client to provide separate deposits or retainers. Client Initials _____" it is always something that may be necessary, and I discuss with clients the possible need for experts. Usually, I am able to find a way to do these things with good rates by utilizing percipient witnesses. However, your issue is one that is good for a fee arbitration and I believe it to be a legitimate complaint you've got. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
ChrisL 2 #9 January 11, 2008 Quote However, your issue is one that is good for a fee arbitration and I believe it to be a legitimate complaint you've got. Thanks. I'm not actually in a dispute over it. Not yet anyway. I'm planning on raising the issue with him and he may very well agree to remove those charges. I just wanted to be certain I'm not tripping in the way I'm looking at the situation before I discuss it with him My legal matter isn't resolved yet and I don't want to piss my lawyer off by going off half cocked about his fee's and finding that I'm in the wrong. __ My mighty steed Quote Share this post Link to post Share on other sites
happythoughts 0 #10 January 12, 2008 Just as a general rule, saying "I state up front that I have a limited budget ($5,000.00)" is a bad idea. If you tell a mechanic that you can spend $300 on a repair, guess what it ends up costing ? Quote Share this post Link to post Share on other sites
