The attorney is trying to charge me for calling, faxing and emailing their office even if I have spoken to no one and got no response. I asked for documents showing I authorized this, I was sent a form highlighting excessive phone calls will be charged. I opened my case in 2012 and as of 2015 have called them 10 times total. They are charging me for sending me copies of court documents which the court sent me directly, charging me for any fax and email I have sent even when no work has been done. So I sent in an objection and have a court date, but I refuse to pay just for trying to reach people who do not respond back and is that even legal?
The judge will not dismiss the case if it is a criminal case.
It is work for them to read your email and faxes. It would be courteous for them to respond, but they would be charging you to do that as well. If they have nothing new to tell you, they may not want to run up your bill.
If this is not a criminal case, the judge may allow the lawyer to withdraw from further representation.
A mentally competent adult party to any kind of court case, whether civil or criminal, is not required to be represented by an attorney. In the vast majority of court cases, however, the person who represents himself has a fool for a client.
In any event, a Judge is not going to dismiss a party's civil case because the party has a billing dispute with his or her attorney. A Judge might allow the attorney to withdraw, in which case the party would either have to get a new attorney or represent himself. If a person representing himself fails to meet procedural deadlines and/or comply with other requirements/rules in the course of the continuing litigation, a Judge could impose sanctions upon the party. For the most serious failures to comply, a Judge can dismiss a case.
Your comment in response to another attorney's input indicated this is a Bankruptcy matter. I don't practice Bankruptcy law and so don't know for sure, off the top of my head, whether at the time of any final Order for reorganization or discharge, the Court has to review and decide on the reasonableness of the amour of attorney's fees the Petitioner is being charged. (I am going to divert your post to the Bankruptcy heading, with the hope that Bankruptcy practitioners provide additional input for you.) I do know that a Wisconsin Supreme Court Rule, the seemingly relevant part of which I have excerpted below, governs attorney fees charged by Wisconsin attorneys:
SCR 20:1.5 Fees
(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7)the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.
(b)(1) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate as in the past. If it is reasonably foreseeable that the total cost of representation to the client, including attorney's fees, will be $1000 or less, the communication may be oral or in writing. Any changes in the basis or rate of the fee or expenses shall also be communicated in writing to the client.
(2) If the total cost of representation to the client, including attorney's fees, is more than $1000, the purpose and effect of any retainer or advance fee that is paid to the lawyer shall be communicated in writing.
(3) A lawyer shall promptly respond to a client's request for information concerning fees and expenses.
. . .
Best Wishes!
You've listed the practice area for your question as bankruptcy, so I'll assume that you're in a bankruptcy and that your lawyer is asking the court for additional fees in that context. The court is very unlikely to dismiss your case because of a fee dispute. Instead, it's much more likely that the court will be concerned about whether this lawyer should continue to represent you. Even if this lawyer withdrew from representing you, you could represent yourself for the remainder of the case or find another attorney.
If this is an hourly fee agreement "work done" includes lawyer time spent reviewing your faxes and messages whether or not a response is required. If your lawyer didn't make sure you were aware of court-ordered deadlines and mandatory appearances, they wouldn't be doing their job, even if the court sent separate notice directly to you. If you had missed a deadline or appearance, the first thing the judge would likely ask your lawyer is whether you had been notified of the deadline or appearance. You'll need to be prepared to explain why reviewing your messages and making sure you were aware of deadlines and court dates was unreasonable or excessive.
