I gave her invoice back marked up with things that I disagree with & gave her 10 days to respond which is now past . Some obvious fraudulent charges are : Charging me hr ( $ 200 ) for sending a single sentence ( " Please call the office . " ) email . She charged me around $ 200 for phone calls that were never made ( according to my detailed phone records from the carrier ) . She also overfilled me for messages that she left , including cumin voice mail which is impossible because my cell phone will only accept 2 - min . There were many other discrepancies , IMO , over $ 1300 worth . She is no longer my attorney . One reason , she said that she'd withdraw if I didn't sign the papers while in her office for a meeting . She refused to let me take them home to look at & sign to return them the next day .
That was 18min voice mail (not cumin).
If you have another attorney, let your present attorney handle this if he/she is willing. Some attorneys will not get involved in fee disputes with other attorneys and that is understandable. If your former attorney refuses to work with you, you still have a right to dispute the charges. Contact our licensing board at wwwiardc.org and follow the instructions. Here is some additional information which may be useful:
STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES
(1) WRITTEN ENGAGEMENT AGREEMENT. The written engagement agreement, prepared by the counsel, shall clearly address the objectives of representation and detail the fee arrangement, including all material terms. If fees are to be based on criteria apart from, or in addition to, hourly rates, such criteria (e.g., unique time demands and/or utilization of unique expertise,) shall be delineated. The client shall receive a copy of the written engagement agreement and any additional clarification requested and is advised not to sign any such agreement which the client finds to be unsatisfactory or does not understand.
(2) REPRESENTATION. Representation will commence upon the signing of the written engagement agreement. The counsel will provide competent representation, which requires legal knowledge, skill, thoroughness and preparation to handle those matters set forth in the written engagement agreement. Once employed, the counsel will act with reasonable diligence and promptness, as well as use her best efforts on behalf of the client, but she cannot guarantee results. The counsel will abide by the client's decisions concerning the objectives of representation, including whether or not to accept an offer of settlement, and will endeavor to explain any matter to the extent reasonably necessary to permit the client to make informed decisions regarding representation. During the course of representation and afterwards, the counsel may not use or reveal a client's confidence or secrets, except as required or permitted by law.
(3) COMMUNICATION. The counsel will keep the client reasonably informed about the status of representation and will promptly respond to reasonable requests for information, including any reasonable request for an estimate respecting future costs of the representation or an appropriate portion of it. The client shall be truthful in all discussions with the counsel and provide all information or documentation required to enable the counsel to provide competent representation. During representation, the client is entitled to receive all pleadings and substantive documents prepared on behalf of the client and every document received from any other counsel of record. At the end of the representation and on written request from the client, the counsel will return to the client all original documents and exhibits. In the event that the counsel withdraws from representation, or is discharged by the client, the counsel will turn over to the substituting counsel (or, if no substitutions, to the client) all original documents and exhibits, together with complete copies of all pleadings and discovery within thirty (30) days of the counsel's withdrawal or discharge.
(4) ETHICAL CONDUCT. The counsel cannot be required to engage in conduct which is illegal, unethical, or fraudulent. In matters involving minor children, the counsel may refuse to engage in conduct which, in the counsel's professional judgment, would be contrary to the best interest of the client's minor child or children. A counsel who cannot ethically abide by her client's directions shall be allowed to withdraw from representation.
(5) FEES. The counsel's fee for services may not be contingent upon the securing of a dissolution of marriage, upon obtaining custody, or be based upon the amount of maintenance, child support, or property settlement received, except as specifically permitted under Supreme Court rules. The counsel may not require a non-refundable retaine
Agree with Ms. Goldstein's good advice. Filing a complaint with the state bar disciplinary committee may he helpful. Legal fees must always be shown to be "reasonable". Although I'm not admitted in IL, and cannot offer you as specific advice as Ms. Goldstein, often the state or county bar associations also have fee arbitration or mediation programs you can use if both the lawyer and client agree...use a google search like "attorney fee arbitration Illinois" and go to those websites for further instructions.
As Judy mentioned, somewhere your contract is a portion of the 508 statute that must be included if there's going to be a court dispute about fees.
Somewhere between when you retained the attorney and now, that mutual understanding of how the billing process works broke down. It's always a good idea to take 5-10 minutes when you first meet with a lawyer to go in detail of how they bill, when they bill, and why they bill what they bill. That way you don't suffer "bill shock" when the invoice comes in.
Best of luck.
