Legal Question in Family Law in New York

Lawyers fees

At the end of my divorce action, my attorney presented me with a bill which enumerated charges for the past 1-2 months prior to the divorce trial. On the bill was a balance forward of many thousands of dollars for the charges from beginning of the action, up to 1-2 months prior to the trial. I asked for an itemized bill so I can reconcile it myself then pay it. He refused to submit to me the itemized bill.

The retainer agreement states that I will receive monthly billings for services rendered on my behalf. After a few months of no billings, in the beginning of the case, I wrote to him reminding him of the monthly billing. My written notifications were ignored.

Now I am appealing the decision in the case with a new attorney and he needs the case file.

Since I requested it, my request has been ignored and it appears that it(the file) is being held hostage to my unpaid balance on an itemized bill I never received, and will not pay until I do receive it.

What do I do about the bill and how do I get the file? Sorry for the length of this information request.


Asked on 4/05/09, 1:47 pm

1 Answer from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Lawyers fees

Pay the attorney his fee. Although, the attorney shouldve given you itemized billing, you would have owed him the amount anyway.

Besides that attorney worked long and hard on your file and deserves to get paid. He is not holding your file hostage, you are.

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Answered on 4/05/09, 3:18 pm


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