NJSBA Family Law Section

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  • 1.  Billing / ethics issue

    Posted 08-26-2016 03:27 PM
    I'm taking over a case and the client is telling me that he was billed a "flat fee" of $5,000 which "would carry him through three court appearances."

    I know it's okay to bill a flat fee for unbundled, specifically described legal services - but is this permissible? Client has never gotten a time sheet or explanation of charges and wants to receive a refund for any unused retainer funds. Unless it's a strictly uncontested / flat fee case with a description of services to be performed, aren't we ethically required to maintain time sheets and be able to explain charges?

    Thanks,


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    David Perry Davis, Esq.
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       www.FamilyLawNJ.pro
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

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  • 2.  RE: Billing / ethics issue

    Posted 08-26-2016 04:00 PM

    Dave

    You need to see the signed retainer agreement, and a billing statement from assignment beginning to end. The client is entitled to be billed.

    Either your client or you will need to seek these items.

    Only then will you know if there is a problem.

    Non-refundable deposits are prohibited in Family Part cases.  If the retainer agreement states there can be no refund,  that will not stand. If it doesn't say that but the firm doesn't bill, then that also is a problem.

    I don't jump to believe everything a disgruntled client of a prior law firm tells me (and am reluctant to take them on), but I can be persuaded.

    Hanan


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ




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