Legal Question in Legal Malpractice in New York
ethical billing practice
I have retained a lawyer for two cases. The first, a dental malpractice suit; the second, fighting a foreclosure instigated by my ex- several years ago and still ongoing.
I just received a $20K settlement for the first case, which I agreed to because I was recently laid off in the high sector, and frankly needed the money to survive while I job-hunt. After disbursements and the lawyer's 1/3 commission, my lawyer informed me in his cover letter that he ALSO deducted nearly $1000 for his fee for the OTHER case from my settlement check. He mailed me the remainder.
Is this ethical?? I am really annoyed, since I planned to pay him incrementally so I could maintain myself during this difficult period.
Also, the ''restorative'' specialist that repaired the dental damage recently charged an ADDITIONAL $600 for 2.5 hours of ''review'' of my case. This was also deducted from my settlement check. Am I really suppoosed to beleive that this dentist sat for 2.5 hours looking at---what?!? ---my x-rays?? what??
It looks to me like the fellas, seizing the opportunity, had a go at me! What's legal? ethical? and what should I do from here?
Thank you so much for your response.
--name removed--Candela
1 Answer from Attorneys
Re: ethical billing practice
A lawyer has a lien on documents and monies that come into his possession through representation of the client. His deduction of monies that were due him on another matter is both legal and ethical.
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