Legal Question in Legal Ethics in Indiana
Questionable Attorney's Fees
In January 2002 I began receiving what would be monthly notices from my long-time (12 to 15 years) divorce attorney regarding a bill for $647. (A subsequent conversation resulted in her faxing me an itemized list of charges dating from May 5, '97 to Jan. 22, '99.) After 3 notices I called her. I inquired about the bill and she replied that we had never been at 0$. However, I am SURE we were.
Before we went to court in May 98, I had received a bill and I sent her a $50 payment. The May '98 order indicates that the respondent was responsible for $650 previous atty's fees arrearage.
July 24, '98, the opposing attorney sent a check for $5,650 to my attorney who deducted ''$775 for our legal fees''. Her total check to me (for support arrearage) was for the amount of $4,875. The $775 deducted was obviously $125 over the stated $650 charge. With my $50 payment, the total ''overpaid'' was at $175.
I do not mind paying a bill that I owe but I want to be sure I absolutely DO owe it. I have questions about these charges and I don't know how to proceed.
Also, fyi, in the itemization sent to me, no notice is made of the $50 payment by me although I do have a receipt.
Can you advise me? Thank you.
1 Answer from Attorneys
Re: Questionable Attorney's Fees
Write the same message to her that you did to this board, expressing your concerns and asking her to review her books and records. Enclose a copy of your receipt for $50, and mention that the payment does not appear on her statement and you want credit for it. Keep things as friendly as you can - you have a long-term relationship worth protecting.
Keep a copy of everything. If you absolutely can't get into agreement with her, call the Bar Association. They have a process for mediating disputes such as this.
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