my boss' lawyer doesn't bill or charge by

What is your specific question?

Thanks in advance.

Steve

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this is adivorce case.the lawyer is well established. he is a friend of a friend. does not normally do divorce is a litigator.boss hired him to get modification of 50/50 cudtody. Three times we have gone to court ready to present case . he begs off saying I have to be in federal court in an hour or whatever. So we have been going to court to make an appointment to go to court to go - well he hasn't done much. If she complains that we are getting no where he yells, really yells and says he is really upset that she is so ungrateful.He told her 15,000. that was suppose to be to get custody then having done little or nothing asked for 415,000. sHE HAS PAID $30,000. STILL MOTION TO MODIFY NOT HEARD.Judge said to him clear your calandar don't have anything else on the trial date last time.

are there any bar rules concerning demands like this He says he doesn't do billeable hours but stated at first that he charged $ 300. now he says he charges $500. an hour but doesn't send bills. he is a criminal law attorney.

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complaining to the bar would have to wait. They had no contract verbal or otherwise except for him saying at first that $15,000. would do it. My question is should he be giving her some sort of bill? i need more input

My guess is that the fees charged by the lawyer are considered retainers -- that is, fees paid in advance, which cover the lawyer's services with respect to a given matter or during a given period of time. I can find nothing which indicates that a lawyer has an obligation to provide an itemization of services provided under a retainer.

That said, in my opinion, a cursory reading of the Supreme Judicial Court -- Rule 3:07 -- Massachusetts Rules of Professional Conduct indicates the strong possibility that the lawyer's actions (or lack thereof) as described in your question may constitute a violation of:

Rule 1.3 Diligence

Rule 1.4 Communication

Rule 1.5 Fees

I am sure that it will come as no surprise to either you or your boss that she has the right to dismiss the lawyer -- with or without cause -- see:

Rule 1.16 Declining or Terminating Representation [4].

Note that under Rule 1.5 Fees [5] -- lawyers are obligated to consider submitting fee disputes to arbitration or mediation.

Click above Link(s) (if any) for additional information.

Let me know if you need more input. If not, thanks for the opportunity to assist you... Please honor my efforts by Clicking the green 'Accept' button (located within this post -- above-right). Adding a bonus -- should you wish to do so -- would be warmly welcomed.

I would also appreciate your Feedback comments regarding your experience with me.

Good Luck!

Steve


Edited by Steve -- a.k.a. Oreport on May 20 2007 at 11:31pm

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