Why Weaponized ADR Clauses In Retainer Agreements Require “Informed Consent”
I am a big supporter of using alternative dispute resolution (ADR) to resolve fee bill disputes when direct negotiation fails. Having been a registered mediator, I have seen firsthand how ADR can work to resolve not just fee bill disputes, but all kinds of disputes. In my book, The Art Of Hiring The Right Attorney, I […]
Super Lawyers: Are They Really “Super” Lawyers?”
In shopping around for a new lawyer, you may have noticed how many lawyers proudly proclaim that they have been awarded the “Super Lawyer” designation. As a matter of fact, with each new Super Lawyers directory I receive each year, I note that more and more lawyers are being named Super Lawyers. So many in […]
Happy New Year and Beware of Surprises in 4th Quarter Bills
It’s been said with good justification that “a lawyer’s pen gets heavier during the fourth quarter.” Invariably, as the year nears an end, lawyers (and paralegals) scramble to find things to do in their files in order to make their firm’s hourly billing “targets” (i.e., goals) for the year. You see a lot depends upon meeting law firm billing targets […]
Using Outsourced Legal Staff
The following is an excerpt from my book, Red Flags In Legal Bills: What Signals Are Attorneys Sending? Related to the issue of “transient billers” who are likely employees of the firm, there is the use of temporary or contract workers from outside the firm. If it is suspected that an outside temporary or contract attorney […]
Googling To Find Out If Your Attorney Used Form Documents
I used to belong to a practice section of my state bar that I called the “Does Anyone Have a Form I Could Use” practice section. I call the practice section by this name because most of the posts on the section listserve were from attorneys asking other attorneys if anyone has a particular form […]
The Importance of Agreeing On Legal Staff To Be Used
In the introduction to The Art Of Hiring The Right Lawyer & Negotiating A Fee Agreement That Will Save On Legal Costs, I note that the book was written especially for small business or individual clients of lawyers. As I point out, these types of clients typically do not have the leverage that large corporations […]
On Using and Billing for “Re-cycled Work Product” “A lawyer who is able to reuse old work product has not re-earned the hours previously billed.” ABA Standing Comm. on Ethics & Professional Responsibility Formal Op. 93-379 (1993) In reviewing legal bills and speaking at CLE seminars to attorneys, I have found that too many attorneys lack a […]
The Consequences for Attorneys Who “Knowingly” or “Negligently” Engaging in Improper Billing
Whenever I do a seminar for attorneys on ethics, I always tell them that there are three things they should especially avoid doing: drugs, sex with a client, and messing with a client’s money. I tell them that if they are caught doing one of these three things, they will find that harsher discipline will […]