Sunday, August 12, 2012

CAN A LAWYER HIKE HIS FEES IN THE MIDDLE OF A DIVORCE CASE?

QUESTION: We hired a family law lawyer to handle my daughter's divorce and child custody/support issues in June 2011. We agreed on a set hourly fee. He said he was seeking a Specialist Certificate in Family Law. Terrific. However, he just got it and now wants to charge us more for "his expertise and knowledge". On our latest bill he increased the hourly fee by $50 without notice to us. The facts are that he has not always represented her well even with standard skills. I paid him at the agreed upon rate, not the increased rate, which we did not agree to. We are a year into the case and it should have been settled LONG AGO. Can he bill current clients increased fees without discussing and agreeing on it first?

MY RESPONSE: Read the written retainer agreement that you have with your attorney. If it provides that he can increase his hourly rate, it likely provides that he must give you advance notice before billing hours at a higher rate. It is unfair and inappropriate for him to increase his rate on billings to you without first giving you notice that he is increasing his hourly rate, and the new rate, so that you can have an option to change attorneys if you don't want to pay the higher rate. If your attorney's written retainer agreement does not provide that he can increase his hourly rate, he is stuck with the rate that he set forth in his written retainer agreement.

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