Full question:
I hired an attorney at a $400 rate to bring suit vs a person I sold property to for breach of contact. About one year into the lawsuit, I discovered from the Supreme Court Judge, that my attorney had missed 4 scheduled court hearings on my case. I had to continue to pay the $400 hourly fee that I was quoted for the attorney I hired but now was assigned to a lesser qualified man at the same rate. A man who I did not know nor agree to have represent me. Four years have gone by and I have paid over $25,000 in legal fees and have nothing to show but phone calls and letters of correspondence. Recently my attorney has returned; although, I have not had any communication from him. Still, I continue to be billed at his $400 rate while I am still being represented by the lesser associate. What cause of action do I have vs this attorney who left on a long vacation overseas and yet continued to charge me at the rate I agreed to pay HIM but did not agree to pay the subordinate. I wish to file a judicial complaint with the court but have been told I can't do that while I am still represented by the law firm .
- Category: Courts
- Subcategory: Attorneys
- Date:
- State: New York
Answer:
The determination of the reasonableness of a fee requires consideration of all relevant circumstances, including those stated in the Disciplinary Rules. The fees of a lawyer will vary according to many factors, including the time required, the lawyer's experience, ability, and reputation, the nature of the employment, the responsibility involved and the results obtained.
In order to prove legal malpractice, it must be shown that the attorney failed to conform to the standards of the profession in the local area, and that such failure to uphold the duties imposed by the standards of the profession caused harm to the client. Therefore, if an attorney misses a scheduled court date, it will be relevant whether the missed date resulted in an adverse ruling or merely was rescheduled.
In billing a client, the client may request an itemized statement for fees charged. An attorney must not bill for time spent on a case that was not actually spent working on the case as represented in the billing statement. An attorney may have another lawyer in the same firm perform work on a case, but if the client objects and contracts to have the work performed only by a certain attorney, having another attorney perform work contrary to the agreement for exclusive services of a particular attorney may be a breach of contract. If an attorney shares fees with an attorney employed at an outside firm, the client must consent to the division of fees.
The following is from the NY State Bar Association:
Statement of Client’s Rights
(As adopted by the Administrative Board of the Courts)
1. You are entitled to be treated with courtesy and consideration at all times by
your lawyer and the other lawyers and personnel in your lawyer’s office.
2. You are entitled to an attorney capable of handling your legal matter
competently and diligently, in accordance with the highest standards of the
profession. If you are not satisfied with how your matter is being handled, you
have the right to withdraw from the attorney-client relationship at any time
(court approval may be required in some matters and your attorney may have a
claim against you for the value of services rendered to you up to the point of
discharge).
3. You are entitled to your lawyer’s independent professional judgment and
undivided loyalty uncompromised by conflicts of interest.
4. You are entitled to be charged a reasonable fee and to have your lawyer explain
at the outset how the fee will be computed and the manner and frequency of
billing. You are entitled to request and receive a written itemized bill from your
attorney at reasonable intervals. You may refuse to enter into any fee
arrangement that you find unsatisfactory. In the event of a fee dispute, you may
have the right to seek arbitration; your attorney will provide you with the
necessary information regarding arbitration in the event of a fee dispute, or
upon your request.
5. You are entitled to have your questions and concerns addressed in a prompt
manner and to have your telephone calls returned promptly.
6. You are entitled to be kept informed as to the status of your matter and to
request and receive copies of papers. You are entitled to sufficient information
to allow you to participate meaningfully in the development of your matter.
7. You are entitled to have your legitimate objectives respected by your attorney,
including whether or not to settle your matter (court approval of a settlement is
required in some matters).
8. You have the right to privacy in your dealings with your lawyer and to have your
secrets and confidences preserved to the extent permitted by law.
9. You are entitled to have your attorney conduct himself or herself ethically in
accordance with the Code of Professional Responsibility.
10. You may not be refused representation on the basis of race, creed, color, age,
religion, sex, sexual orientation, national origin or disability.
The NY State Bar has a program to arbritrate fee disputes between attorneys and clients.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
