Skip to main content

Can atty charge for schooling to learn estate law?

Dallas, TX |
Filed under: Estate planning

Atty charged for "charges for course related to probate estate to learn the law".
The charges so he can talk to the head of the firm who we hired inthe first place so double billed.

Attorney Answers 3

Posted

That's certainly an interesting invoice entry. I'm assuming that your contract with the firm probably identifies the types of charges that you might expect in the course of their representation of you. "Learning the law" probably didn't make the list, although collaboration among attorneys in a firm is pretty common (and helpful,) and you're right to be mindful of the double-billing potential.

If you have a question or a complaint about the bill from your lawyer, go tell your lawyer. This forum is intended to provide quick information and thought, most of which boils down to "go get a lawyer." It is not, and should not become, a forum for clients rightfully ticked off to vent their frustration. You need to have this discussion with your attorney.

This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.

Mark as helpful

7 lawyers agree

1 comment

Asker

Posted

thank you sir. Sorry for sounding off.

Posted

An attorney is only supposed to accept legal work for which the attorney is competent or will become competent (but not at client expense). If you believe the fees charged are too high, you should isolate the excess fees from the attorney's statements for professional services. If you cannot resolve the excess fee dispute, please note that the Dallas Bar Association has a fee disputes panel. You can review the fee disputes web page at the following link:

Dallas Bar Association - Fee Disputes
http://www.dallasbar.org/node/88

But, before you do that, write a letter to the attorney by certified mail to complain about the charges. In your letter set out specifics about your situation, and why you believe the charges are not reasonable or necessary. An attorney is only permitted to charge reasonable and necessary fees. If the fees were not reasonable or necessary, the attorney should reduce the fee statement voluntarily.

The Texas Ethics Rules set out the factors for how to determine whether fees are reasonable or necessary. You can review the Texas Ethics Rules at the following web address:

Texas Ethics Rules
http://www.law.cornell.edu/ethics/tx/code/TX_CODE.HTM

If the attorney refuses to acknowledge your concerns, you may consider filing a grievance with the Texas State Bar. You can review the grievance process at the following web link:

State Bar of Texas grievance process web site:
http://www.texasbar.com/AM/Template.cfm?Section=Filing_a_Complaint

Good luck.

Hope this helps. If you think this post was a good answer, please click the “good answer” button below and/or designate my answer as the best answer. Thanks.

Mark as helpful

1 found this helpful

7 lawyers agree

Posted

I suggest reading your contract very carefully to see if it includes taking courses to "learn the law". My firm does not bill for taking legal courses to help a specific client with their situation, but billing errors do occur. If a charge for such a course did appear on one of my client's invoices, and that client brought the charge to my attention, I would without hesitation remove the charge. Perhaps your attorney took an advanced estate planning course that covered some rare facet of a newly enacted federal or state law that could allow your attorney to better draft your estate planning documents, providing you with an enormous benefit, then perhaps a charge for the course (not time) is reasonable; but again, my firm would merely consider this part of the learning curve, no matter how advanced, and not charge you. I agree with the other attorney's answer: have a "heart to heart" with your attorney ... and, hopefully, he or she will remedy the situation to your liking. Take care.

Mark as helpful

1 found this helpful

6 lawyers agree

1 comment

L Christopher Arvin

L Christopher Arvin

Posted

Interesting Billing entry - Agree- was it part of the contract you signed? I want to get referrals from 100% of my clients - I therefore would not bill for that .. would read any additional information et al on my evening or weekend

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics