I retained an attorney to represent me in a custody case. After the case was finished (2x the original quote, BTW), I was represented by another attorney in a wrongful death suit (I was plaintiff). The defendant in this second suit subpoenaed information about the dead son from the custody attorney, without my knowledge. The custody attorney billed me for the time it took her to gather the information that the defendant requested.


The question is, is this an accepted and/or legal practice? Is this ethical and/or moral? Is there case law proving this, either way? If so, what cases are they?

My wrongful death attorneys told me not to pay, but now (5 years later) the custody attorney is suing me for the money. This is a small claims case, so I can't have representation, but I need to know.

Thanks so much for your help.

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Originally Posted by tekdiver500ft

he question is, is this an accepted and/or legal practice? Is this ethical and/or moral? Is there case law proving this, either way? If so, what cases are they?

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Hello tek:

I don't think you owe her... But, judges haven't always agreed with me in the past.

excon

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Originally Posted by excon

But, judges haven't always agreed with me in the past.

excon

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Me, neither.

Thanks.

If the Defendant subpoenaed the records from that attorney, the Defendant should have paid for this - not you. There should have been a copying charge for copying whatever paperwork that was sent in response to the subpoena. This would have been billed to and paid by the Defendant. Not you.

I would strongly suggest that you contact your local County Bar Association and discuss this unethical conduct of the other attorney billing you for her time to compile the documentation she copied and sent to the Defendant.

It's like when you go to the doctors after you are in an accident. The other side serves a subpoena for documents on the doctor's office. The doctor's office makes copies of your medical file and sends it to the Defendant's attorney. BUT prior to sending out these copies, the attorney's office has to pay for the copying charge or the copied records are not sent out. I've seen doctor's offices charge $1.00 per page for copies (not unusual either).

Depending on how many pages of the other case, the custody attorney should have asked for the copying charge up front from the requesting attorney's office. When they find out the copying charge is $1.00 (or whatever maybe even $150) that generally takes care of the time involved in compiling the files and copying them and postage, etc. and then the other attorney decides if he wants to pay for these records or not.

To put it simply - whoever subpoenas the documents or record pays.

That's the way I saw it. Has anyone ever seen an actual case like this?