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Fraudulent Billing

Miami, FL |

Who do I go to to prosecute for matters of fraudulent billing by an attorney? Is it the state attorney's office, the department of justice? Which entity prosecutes for this matter?

Attorney Answers 3

Posted

Hi,

No one is going to "prosecute" a criminal matter because you claim the billing was fraudulent. This is a civil matter and sounds like a fee dispute between a lawyer and his/her client.

If you believe the lawyer has acting in some unaccpetable way you can file a complaint with the FL state court (attorney disciplinary committee- call the FL State Bar for help with this). You can also request fee arbitration in most states which is essentailly a hearing where they can determine whether the lawyer has a legal right to pursue damages for non-payment.

If the lawyer has already claimed fees that you believe they have no right to, you are also free to file your own action in court (perhaps the small claims court if less than 10K). But again in some states a fee arbitration is required before the court will hear the case.

Lastly, you can cannot a FL malpractice lawyer to discuss all your options as well.

All the best,
Frank
Natoli-Lapin, LLC
(see Dislcaimer)

The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Asker

Posted

You did not answer my question.

Frank A. Natoli

Frank A. Natoli

Posted

Any office with the authority to prosecute a criminal matter can bring charges. So you can go to any the offices you noted above. They will tell you what we all have told you however. Good luck!

Posted

There is likely no criminal cause of action, it would simply be a civil cause of action, though each case is different. The first person you should discuss the billing with is the attorney. Perhaps her billing assistant forgot to the carry the two and that's why the invoice looked a little high, or whatever the dispute is. Nobody is in a better position to justify the billing and provide an itemized billing invoice than the attorney, so start there. Law is pretty complex, that's why you hired an attorney in the first place, so perhaps there is justification for the time spent, or when the attorney reviews the time spent she wants to adjust it herself. There are many possible outcomes that all stem from you politely and respectfully making an inquiry with the attorney.

Best of luck

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Posted

You are the third attorney who has not answered my question. I really hope that Avvo will start paying attention to the sort of "answers" that are being given.

Posted

No one is going to prosecute an attorney for what you described as "fraudulent billing."

If it is truly "fraudulent" you could file a grievance with the Florida Bar.

Most likely you have a fee disagreement which needs to resolve through civil litigation. But why don't you try to communicate with your lawyer and ask about what you think is "fraudulent."

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.

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Posted

My question was not answered by you.

Clifford M. Miller

Clifford M. Miller

Posted

There is nobody to go to to prosecute this matter, because it is not a crime.

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