Monday, April 22, 2013

The Misfits


One of the pet peeves here in the Trenches is clients who don't pay us.  There's nothing more frustrating for us than when a client runs out of retainer right before trial, fails to make payments to us, and then after trial, they suddenly feel like we really didn't do anything all that great for them after all, and so they shouldn't pay us what they owe.  It really hurts.
Now, let's talk about the flip side of that scenario.  What happens when a client hires an attorney, and the attorney charges them more than they think is necessary?  What about when the attorney/client fit isn't good, and either side doesn't figure it out until sixty days before trial?  In either scenario, you have a client who either has no money (and a fee dispute against the attorney - but still no money) to hire a new attorney, or no time for a new attorney to get into the case.  Think about how frustrating that is for the client.  Here they are at the most important time in their lives and case to have an attorney, and they don't have what they need. I see this all the time in my other life as co-chair of the fee dispute committee of my local bar.  It makes my heart bleed, not the least of which because a lot of these situations could be avoided.  My tips?
First, read your bill - carefully.  Ask questions.  No lawyer should refuse to discuss the bill with you.  Does something seem like something took a lot of time and had a lot of hands on it?  Ask about it.  There is probably a good reason for it - but maybe not.  In a big firm, having a lot of hands on a pleading or paper is fairly ordinary - it's part of the cachet of a big firm. Sometimes that translates into a better work product....and sometimes it doesn't.  In smaller firms, you won't see a lot of hands on a paper, because there just isn't the manpower or the time.  That doesn't translate into an inferior product; just a different one.  There are some things that just take a lot of time and effort.  If it feels like too much time is being billed, ask the attorney.  If that doesn't answer your questions, get a second opinion - earlier rather than later.  Don't wait until the charges are out of control to check it out.  Another attorney can tell you whether the charges are reasonable under the circumstances.
Second, if the fit doesn't feel right between you and you attorney, take that feeling seriously.  Is it a personality difference?  Is it an issue of competence?  Either way, again, take it seriously.  If it's a personality difference, is it one that makes you uncomfortable?  Is it one that makes you reluctant to trust them, or in their competence, or is it simply a difference in style?  Is that difference in style actually a good thing (which it might be if you are naturally more reserved and the attorney is more forthright)?  There are as many attorneys out there as there are types of people.  In other words, there is someone for everyone, and you want someone who you feel understands you and your case and is capable of negotiating or litigating effectively for what you need.  Don't ignore that feeling until it is too late to change attorneys, if necessary.  I don't mean that you should change attorneys, but if you have that feeling, an investment in an hour of time with another attorney for a second opinion is a good one.
Bottom line is that we here in the Trenches want our clients to be satisfied.  Satisfied clients are our best referrals (and they pay us).  We want you to understand your bill, have your questions answered, and feel comfortable with us and our competence.  Remember that - here in the Trenches

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