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    Fairness2me's Avatar
    Fairness2me Posts: 5, Reputation: 1
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    #1

    Jan 12, 2013, 05:10 AM
    Can a lawyer charge me without my consent
    I paid initial consultation of $500. Then he said he will send cost detail to me. After I received his cost information, it is too much for me to pay and didn't sign the paper. After a couple weeks, he send me a draft paper for tge case. I told him the cost is too high, I asked if the price could be reduced. He said no. Then, I said, I decided not to pursue this time.
    After about a month, he send me a bill for preparing the draft, but I didn't hire him nor sign a contract. Am I obligated to pay?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 12, 2013, 06:30 AM
    Did you sign anything? Does your receipt for the $500 say only for an initial consult. Did you inform the attorney when you got the cost estimate to not continue?

    Usually, You pay an attorney a retainer. An attorney will generally not do work without a retainer.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 12, 2013, 07:06 AM
    From what you say, no, you would not be obligated to pay for work in excess of what you paid him for the initial cunsultation. $500, by the way seems to be a lot for a consultation, which normally means nothing more than a meeting with the lawyer. How much time was spent in this "consultation".
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 12, 2013, 07:11 AM
    I will agree, 500 is very high for a consultation, are you sure it was not a retainer ?

    But if it happened exactly and the wording is correct in what you said, then no you don't owe him.

    If you knew he was doing additional work and did not tell him to stop or not do it, that is another issue
    Fairness2me's Avatar
    Fairness2me Posts: 5, Reputation: 1
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    #5

    Jan 12, 2013, 11:55 AM
    Yes, $500 was the initial consultation charge. He send me the cost list for the actual services. I think was too high. I didn't respond him nor send back a signed contract. I didn't know he was preparing anything. Out of nowhere, I got a paper he drafted. I told him that the cost is too high for me. If he can reduce any charges. He said no. Then, I said I will discuss with my family and get back to him later if I want to hire him. And I never contacted him again. Now, again, out of no where, he send me a bill for that draft which I didn't know he was preparing.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jan 12, 2013, 02:22 PM
    In that case I would send him a letter saying that you never authorized him to do any work beyond the initial consult so you do not owe him anything more.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jan 12, 2013, 06:36 PM
    I agree with Scott, I would send the letter and if he continues, report him to the Bar Association
    Fairness2me's Avatar
    Fairness2me Posts: 5, Reputation: 1
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    #8

    Jan 13, 2013, 06:02 AM
    Can I ignore his bill he sent to my email?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jan 13, 2013, 06:17 AM
    Quote Originally Posted by Fairness2me View Post
    Can I ignore his bill he sent to my email?
    You can, I wouldn't advise it though. I would never advise just ignoring a bill of any kind. He''s a lawyer he can easily file suit, maybe sneak in a default judgment and you wake up one morning with your bank balance gone.

    Send him a letter as I outlined. If he persists in billing you, contact the local Bar association as Chuck suggested. Tell him you will if he persists.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Jan 13, 2013, 07:14 AM
    Quote Originally Posted by ScottGem View Post
    ... He''s a lawyer he can easily file suit, maybe sneak in a default judgment and you wake up one morning with your bank balance gone. ...
    I have to take exception to that remark. Just because he's a lawyer doesn't give him leave to "sneak in a default judgment". He would have to file suit like always, and get the paperwork properly served on OP.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Jan 13, 2013, 08:26 AM
    Quote Originally Posted by AK lawyer View Post
    I have to take exception to that remark. Just because he's a lawyer doesn't give him leave to "sneak in a default judgment". He would have to file suit like always, and get the paperwork properly served on OP.
    Sorry, I didn't mean to impugn lawyers in general. But I'm looking at two facts here. One, a $500 fee for an initial consult. That seems awfully high. Two, that he started drafting paperwork without a signed agreement.

    These two facts lead me to question THIS attorney's ethics and be concerned that he might try that tactic.
    Fairness2me's Avatar
    Fairness2me Posts: 5, Reputation: 1
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    #12

    Jan 13, 2013, 09:02 AM
    Quote Originally Posted by AK lawyer View Post
    How much time was spent in this "consultation".
    We talked about 45-1hour.
    Fairness2me's Avatar
    Fairness2me Posts: 5, Reputation: 1
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    #13

    Jan 13, 2013, 10:36 AM
    I went back to look at the bill again. Just noticed that he even typed my name wrong. I will talk to him first about the bill. Hopefully, he will realize his wrong doing. I will update the outcome. Thank you for all your suggestion.

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