Discussing and disputing a high lawyer's fee

A high bill can have various causes

An amount may be unexpected because the case has been expanded, because an estimate was understood differently or because an invoice actually contains an error. These situations require different responses. Therefore, do not start with the conclusion that all hours are unjustified, but with the concrete difference between agreement and declaration. For example, an advance may not yet have been visibly settled. A second session may be excluded or included in an original fixed price. The documents must make that distinction clear.

Our editorial analysis is that the best first step is an invoice card per disputed item. Enter the post, the appointment and the question that is still open. This makes a conversation less dependent on a general feeling that the amount may not be correct. At the same time, a client does not have to become their own financial or legal expert before being asked for an explanation. A specification should make the connection between activities and calculations understandable.

What has been recorded about specification and reasonableness

Code of Conduct 17 mentions, among other things, a reasonable fee, clear agreements, information in the event of a foreseeable significant exceedance of an estimate and a sound specification. The declaration must provide insight into fees, disbursements, VAT and settlement of advances. That does not mean that every unfavorable outcome in the criminal case invalidates the bill. The service and the agreed remuneration must be assessed on their own content. (Code of Conduct 17)

Therefore ask which calculation basis was used and how the time or fixed price fits in with the assignment. If an estimate has been exceeded, ask when this became foreseeable and what information was given at that time. An estimate is not simply a ceiling, but communication about it can be a relevant point of dispute. Save quotations, order confirmations and existing messages. Retrospective conversations may be mentioned, but should not be presented as a written agreement that was never recorded.

Check the meaning of a time entry

An hours line can contain terms such as file study, consultation or correspondence. Ask which activities are included and to what period they refer. This does not mean that every internal substantive detail must be distributed indefinitely; the question is whether the calculation is sufficiently understandable and verifiable. Also check whether the agreed rate and the employee involved are correct. For different rates, it must be clear which basis is used for each rule.

Be careful with the conclusion that a double description automatically means double work. A preparatory conversation and later consultation on new documents may be necessary at different times. Conversely, a double booking can be a concrete error. Therefore, put the date, description and amount next to the available communication. Ask specifically what difference there is between two similar-looking items. An overview with three specific questions usually helps more than an unspecified refusal of the entire invoice.

A fixed price is about the definition

If a fixed price has been agreed, the first check is on the included work and any additions. Has the declared extra session really been placed outside the assignment? Has a new agreement been made about this? Which exception in the order confirmation is used? The fixed price or hourly rate section discusses the concepts. A fixed price does not automatically mean all future criminal justice assistance, but an office cannot treat every expansion without explanation as new work as self-evident. (Fixed price or hourly rate: define an assignment before you sign)

Request a comparison of the original and additional assignment. A casual statement that the matter has become more complicated is not the same as a transparent explanation of the changed activities. Also describe what information the client has provided and what expectations have been expressed. The dispute may ultimately concern the interpretation of an agreement or the reasonableness of costs. That is a different question than whether the lawyer has substantively achieved the desired acquittal or reduced sentence.

Check advances, VAT and external costs separately

Check paid advances and previous partial invoices with the final statement. A debit proves that an amount has been paid, but state which file and invoice it belonged to. Ask how VAT and any office costs are included in the appointment. External costs, such as an expert, may have their own assignment or approval moment. A total amount without a breakdown makes it difficult to see whether there is a substantive difference or an administrative error.

Also include any additions and personal contributions in the overview. A contribution within subsidized legal aid is not the same item as a private hourly bill. Ask on what basis other amounts are calculated in subsidized legal aid to an subsidized legal aid and which activities this concerns. Do not assume complete free of charge based on the word subsidized legal aid alone, but neither do you accept an unclear combination without explanation. The concrete arrangement and price agreement must be able to support the calculation.

Formulate a targeted dispute

A useful response states the invoice number, the disputed items, the reason and the desired response. For example, an advance payment has not been visibly settled or it is unclear when an additional order has been confirmed. Request a specification or correction and indicate which parts are still being investigated. This is an editorial setup for a conversation, not a universal legal defense to payment. The consequences of a total or partial dispute must be assessed separately, if necessary.

Keep the tone factual and do not make unsubstantiated accusations of fraud. A difference in understanding or an administrative error can be serious enough without immediately ascribing intent to it. Save the response and receipt. If a payment term or collection notice is pending, also ask how it will be handled while the content is discussed. A complaint or request for information does not automatically suspend any payment obligation. In the event of a conflict over payment, have the specific legal position checked.

The office complaints procedure as the first substantive route

The Regulation on the Legal Profession contains rules for an office complaints procedure, including the handling of complaints about services and invoices. The NOvA explains the routes for clients. Request the arrangement and state whether your complaint concerns communication, quality, order size or the amount. This helps to ask the right question to the complaints officer. An internal judgment is not automatically the same as a binding judicial decision. (Regulation on the legal profession · NOvA explains the routes for clients)

If a solution is not forthcoming, a dispute committee or judicial route may be appropriate, depending on the agreements and the type of dispute. A complaint to the dean has its own function and is not a general billing judge for every purely amount dispute. Ask which route is responsible for the desired result: explanation, correction, disciplinary assessment or a financial decision. The choice should follow from the problem, not just from the authority whose name sounds strictest.

Fictional example: extra hearing and forgotten advance payment

Suppose that a fixed price has been agreed for one hearing day in a fictitious case. After continued treatment, a second day follows and then a higher final bill. Furthermore, the client will not see the advance paid back. Those are two different questions. The advance payment may be an administrative settlement error. The second session requires reading of the assignment and any additional appointment. A solution for one item does not automatically resolve the other.

The client therefore creates two card lines and asks for an explanation for each part. The office checks the payment and explains the assignment limit. If the difference persists beyond the second hearing, the appropriate complaint or dispute route can be discussed together with the relevant documents. The example shows that a concrete breakdown offers room for correction without everyone having to immediately take a position on the entire relationship. A partially resolved dispute must also be clearly recorded.

Don't let the cost dispute stall the criminal case

A hearing, legal objection to the penalty order or appeal period can continue while the bill is being disputed. Ask explicitly who will continue to handle the case and what activities have or have not been agreed. If the collaboration ends or another lawyer is sought, transfer and term monitoring must be arranged. A complaint to the office does not replace a substantive legal remedy against a criminal decision. The same applies to a civil discussion about the bill.

Changing the floor of a lawyer helps to discuss the transition in a practical way. Make a note of which documents need to be transferred and what contact the new lawyer needs. Don't assume that an unanswered message automatically means that no one is responsible anymore or that everything will continue. Clear written agreements reduce that risk. The client can continue to mention the cost difference and at the same time provide necessary information for the criminal case in a timely manner. (change lawyer)

Questions per post and per desired outcome

Use the card with the original order and invoice. It is an editorial tool, not an automatic ground for refusing any payment. A legal dispute about an amount or agreement may require expert advice. The map helps to formulate the actual difference in such a way that the right person or agency can respond specifically to it.

• Assignment: which file, which phase and which activities have been agreed?
• Calculation: rate, hours or fixed amount, VAT, surcharges and external costs.
• Post: which date and description are disputed and why?
• Payment: which advance or partial invoice has been demonstrably paid and how has it been processed?
• Expansion: what new work, what consultation and what confirmation will be provided?
• Route: specification, correction, office complaint or appropriate external dispute review.
• Criminal case: who monitors mail, hearings, transfer and legal remedy periods in the meantime?