How do you know if a lawyer is charging you too much?

Question

My friend has a lawyer collecting on a "judgement" and I think he is being GROSSLY overcharged. How can I find out?

Let me clarify, he did not HIRE the attorney, he was evicted from an apartment and this is the lawyer who is collecting on the bill. He refuses to show him a bill, but doesn't hesitate to take 25% of his paycheck every week. He has paid almost $13k on a $3k debt. There is something wrong with this.

Answer 1

Collecting on a jugement for what? Is the attorney the one who obtained the judgement against him? Or did the attorney obtain a judgement for him and is charging a fee?

If the attorney got a judgement against your friend for whatever reason, he/she can't collect more than what the Judge ordered based upon what the state allows. It would also, depend on why your friend was sued.

Further, if the attorney is collecting on a Judgement on behalf of your friend, it would depend on what his retainer agreement stated. Like did the attorney agree to collect the Judgement for 33% of the total debt or settlement?

I would really need to know more here.

Good Luck and Take Care

P.S. I just saw your recent entry. Okay, your friend's wages are apparently being garnished from an eviction Judgement.

This is what your friend needs to do. He needs to go to the Court house where the Judgement was obtained. Then he needs to read the Judgement. How much was it for in principal, how much were the attorney's fees, Court costs and how much interest did the Judge award? After figuring those numbers, he needs to obtain a history of all his payments.

Once he has done this, he should take it to an attorney of his own and get this thing settled.

I have some good news and some bad news. The bad news is this; If the attorney obtained a Judgement say for example ten years ago, and your friend didn't start paying on it say five years ago, then that Judgement has been sitting there, collecting interest all this time. Depending on the state you live in, Judgements can be good for up to twenty years from the date of last payment.

Okay here is the good news...your friend may have some recourse if he finds out he has been over paying. He could collect thousands of dollars back from this attorney and/or his employer for not stopping the garnishment when it was so ordered to be stopped. If he needs to, he can file for bankruptcy, provided he falls under the proper bankruptcy criteria, allowing him to do so.

Here is the catch with filing bankruptcy on Judgements. It frees you from any collection efforts from the attorney, yet it will NOT free you from the Judgement itself. Therefore, if you want to buy or sell a home, for example, the Judgement would still have to be paid. Unless of course, you get a really good attorney that knows how to deal with judgements and bankruptcy Court in conjunction with the local Court house.

I know this really all very confusing. Yet, there are methods to resolve this. If I had a copy of the Judgement and the garnishment and your friend's payment history, I could tell you more, but I could not advise. Please seek legal advice in your area as soon as possible.

Answer 2

If he sends a bill, the lawyer is charging you too much.
Unfortunately, you might believe your friend is being grossly overcharged, but there are no 'price lists' from lawyers; they will charge whatever they feel like charging; will rarely give you a glimpse into their hourly logs so you can see how much time was really spent on the case; will often charge what they think 'the traffic can bear'. Being lawyer gives one a legal license to steal since there are no industry guidelines or set fees. It's the dirtiest, scummiest profession in the world, other than politics. -RKO- 06/21/07

Answer 3

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RE How do you know if a lawyer is charging you too much?

My friend has a lawyer collecting on a "judgement" and I think he is being GROSSLY overcharged. How can I find out?

Answer 4

It depends on whether it's a contingent fee (lawyer takes a piece of the recovery) or fee-for-service. Contingent fee collection runs from as little as 2% for very big judgments against credit-worthy defendants to 50% for small judgments against fly-by-nights.

Fee for service is either a negotiated rate or an hourly rate. If the lawyer is padding his bills, he could get in trouble with the bar.

Why do you care? What difference does it make to you? Have you no troubles of your own that you find it appropriate to stir someone else's pot?

Answer 5

No such things as being "over charged" Lawyers can ask what they eant for their time, it's stated up front and usually done with a contract, so if you agree you pay, simple as that!

Answer 6

This is a great beginning line for a joke. That's what I figured you were after. Sorry I can't think of a punchline, but I'm sure someone can.

Answer 7

Contact your local bar association

Answer 8

WHEN HIS DOWNPAYMENT EQUALS THE ONE YOU JUST MADE ON YOUR HOUSE, MAN!!! --(am I joking?)
(this one is for the "pharmdawgz".....)