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    dg9447's Avatar
    dg9447 Posts: 1, Reputation: 1
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    #1

    Oct 30, 2010, 06:28 AM
    Can a lawyter bill retroactively?
    I consulted a lawyer regarding which of my deceased parent's wills to probate first. The lawyer stated that work on a probate case would begin after a representation contract was signed for one of the two wills. I was then billed for correspondence that occurred prior to my signing the representation contract and a making a retainer payment. Does this seem appropriate?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 30, 2010, 06:58 AM

    What type of corresponance took place ? And with who, was this also after your first meeting with him and you gave him paper work to review and start with
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Oct 30, 2010, 07:04 AM
    Quote Originally Posted by dg9447 View Post
    I was then billed for correspondence that occurred prior to my signing the representation contract and a making a retainer payment. Does this seem appropriate?
    Hello dg:

    That's not the right question...

    I suppose we could SAY it wasn't appropriate... But, what if that ONE piece of correspondence is what allowed you to get your money faster, and maybe get MORE money?? If that was the case, I'd be GLAD he wrote it, and I wouldn't be trying to cheat him out of his time and money...

    If, on the other hand, the letter did NOTHING, and was only written to PAD HIS BILL, I wouldn't pay...

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 30, 2010, 09:23 AM

    It also matters what your agreement was when you consulted him. If it was not specified that any work he does would not be billable until you signed a representation agreement, then I see no problem. If you hadn't agreed to his representation then he wouldn't have billed you.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Oct 31, 2010, 07:25 AM
    Quote Originally Posted by dg9447 View Post
    I consulted a lawyer regarding which of my deceased parent's wills to probate first. The lawyer stated that work on a probate case would begin after a representation contract was signed for one of the two wills. I was then billed for correspondence that occurred prior to my signing the representation contract and a making a retainer payment. Does this seem appropriate?
    What does the contract say? It seems to be a matter of semantics. Work on the probate case probate begain after the contract was signed, but if the correspondence was done on your behalf it was billable.

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