Legal Question in Civil Litigation in Pennsylvania
A little over a month ago the attorney who had represented my brother in a Custody case filed suit in small claims court against my brother and parents (who inadvertently signed the fee agreement as guarantors). My brother had not paid the invoiced amount do to questions about the billing in which the attorney refused to discuss. My brothers attorney sued for approx $8800. Since the attorney failed to medicate her losses, the judge found in her favor, but in the amount of $4800 + $250 in court fees. My brother and parents have filed for an Appeal, but to the best of our knowledge the attorney hasn't, nor has she filed a writ of claim, etc.
Yesterday, my brother received an invoice from the attorney in the amount of approx $9000 with late fees based on the $8800. Since the judgment was for $4800, could this billing constitute harassment if it continues? Also, would the attorney be in violation of UCC and/or state usury laws for charging fees on principal that is not due. Is there a way to stop her from sending this billing?
1 Answer from Attorneys
Most county bar associations have a committee for fee arbitration. If there is a dispute or question about a bill the client can have them look into it.
As to the parents who inadvertently signed the fee agreement. Why would someone inadvertently sign anything?
Hopefully you mean the attorney failed to mitigate her losses not medicate.
Since the judgment was appealed it's as though the DJ hearing never happened so the $4800 amount is gone. So the lawyer can bill you based on the $8800 figure. The UCC covers a lot of things but, it doesn't have anything to lawyers bills as that's a service not a good.
The way to at least have the bill reduced by $4000 was to let the DJ judgment stand. Why did they appeal a decision they had won?
{John}
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