Can a lawyer refuse to itemize his time on my statement?

Answer 1

Yes and no. Although the Rules of Professional Conduct are similar from State to State each State will have adopted its own set of rules and have its own interpretations of these rules. It can also depend on the type of case you have.

First, look at your fee agreement. What does it say about billing and payment. Some State's allow "flat fees" for certain types of legal work. This means you pay the lawyer a single fee and he or she does all the work necessary to accomplish what you hired him or her for. The benefit of a flat fee is that the client is guaranteed a set price for the legal work and the attorney is able to take the case without requiring a large deposit from the client for trust and reduces office expenses by eliminating traditional invoicing. I can understand why an attorney would be reluctant to provide an accounting if you have a flat fee arrangement because he or she probably took the case at a discount over hourly billing specifically because he or she would not incur the administrative expenses that go with it. But this doesn't mean that you are not entitled to an accounting in any event. If the fee agreement says, "hourly billing" I can't see how an attorney can refuse to provide an accounting.

Second, whether an attorney's fee is considered a "flat fee" or "hourly billing" it must be reasonable. What constitutes a reasonable fee depends on many different circumstances including the nature of the work, the time and labor involved, the necessity of retaining other experts, the necessity of turning down other work in order to address your matter, the attorney's experience and what is usual and customary in the area. An attorney is also required to communicate with his or her client regarding the nature of the representation. If you tell the attorney that you do not think his or her fee is reasonable it follows that he or she should communicate the reasonableness of his or her fee with a specific accounting. Some States do require an attorney to provide an accounting whenever requested by the client.

You should probably give the attorney a chance to explain him or herself. You probably already asked and were turned down, but give it another try, maybe in writing if you no longer feel comfortable speaking directly with the attorney. Remember, if your fee was a flat fee you aren't necessarily entitled to a refund even if it seems the attorney didn't have to do much work to resolve the case. If you do not think the attorney's fee is "reasonable" tell him or her and give him or her a chance to explain why it is reasonable.

Finally, every Bar Association will help attorneys and clients mediate fee disputes. You do not have to file a complaint in order to benefit from these services and don't think "threatening" the attorney with a complaint will help anything. But before contacting the Bar Association give the attorney a chance to explain why his or her fee is reasonable--the answer will either answer your question or help with fee mediation.

Answer 2

Sure - showing his/her incompetence.

They are just taking your money, not really looking into your case for you. Not itemized, not paid. Then when it does become itemized, challenge every detail... they surely would have inflated everything out of frustration. Contact the better business bureau and report them.

Answer 3

Yes, he can. But, the outside law firms we retain for our corporation are expected to itemize, or we don't pay the invoice. That's the bottom line.

Answer 4

No. He has to account for 100% of the fees and charges. And you have the right to ask for further proof of why things cost so much. Also do not allow them to charge for fees to obtain copies of bills or contracts that you provided to them.

Answer 5

of course he can refuse to itemize his time on your statement

and you can refuse to pay him unless he itemizes

and he can take you to court for refusing to pay him

and either of you might win

if you think he is charging too much, talk to him about it
if you can't resolve it to your satisfaction, get a new lawyer
do not pay for anything you feel you did not receive

Answer 6

Get a new lawyer. ..Does not sound trustworthy and i have many friends who are lawyers.

Answer 7

no,you are intitled to know what you are paying for.

Answer 8

not in massachusetts