Can I Sue My Lawyer for Overcharging Me?
Most attorney-client disputes involve fees. In Texas, the rules of professional responsibility lay down several rules that lawyers must follow when it comes to setting fees, but some lawyers behave unethically. If you believe a lawyer has overcharged you, then contact The Pierce Law Firm. We can discuss how much you were charged and why you believe a lawyer has charged too much.
Texas Rules Regarding Legal Fees
The state does not mandate what fees a lawyer can charge. At bottom, the fee is whatever a client and lawyer agree to. If you agree to pay your lawyer $200 an hour, then that is what you should pay. Similarly, if a lawyer agrees to a flat fee of $3,000 for a DUI, then you should not be charged more.
Although clients are free to negotiate the fee, Texas law does set some limits.
For one, the fee should be reasonable and in no event “unconscionable.” Whether a fee is reasonable depends on many factors, such as the time involved, the complexity of the legal issue, and the lawyer’s experience. Experienced lawyers typically charge more, and a lawyer who works in a niche area will likely charge more.
When you hire a lawyer, they should give you a written fee agreement. This agreement is required for contingency fee cases and highly recommended for other cases. The fee agreement should spell out in detail how you will be charged for their services.
What Constitutes “Overcharging”?
You might be unhappy with how much your lawyer charges, but that doesn’t necessarily mean you were “overcharged.”
Instead, you have a strong case if:
- The lawyer charges for work they never performed. For example, a lawyer might claim they spent 2 hours in court on a certain day, when they never even had a hearing scheduled. If a lawyer bills by the hour, they can only bill for work they perform.
- The lawyer violates the fee agreement. For example, a lawyer might take a larger percentage of a settlement than you agreed to.
- The fee is prohibited by law. Some lawyers have their fees set by law. A lawyer handling Social Security disability is an example. A lawyer who charges an illegal fee has overcharged you.
- The lawyer lies about their experience to charge a higher fee. For example, they might claim to be an “expert” in a given area of law when they have only handled a couple cases.
- The fee is unconscionable. This is a high bar. The fact that the fee is higher than you’d like, or slightly above the customary fee in Texas, does not make it unconscionable. But some lawyers take advantage of unsophisticated clients and charge a fee which is way out of bounds.
Reach out to a lawyer to go over the facts. Some important pieces of information include the fee agreement, any emails or letters between you and your lawyer.
You Deserve to Be Treated Fairly
At Pierce Law Firm, our experienced Houston legal malpractice lawyer can analyze your legal rights and, if hired, negotiate or sue an incompetent lawyer. Call to schedule a consultation to discuss whether your lawyer overcharged you.
What to Look for When Hiring a Legal Malpractice Lawyer
When a lawyer fails to provide competent legal service, or when they violate a fiduciary duty, then disappointed clients may sue for malpractice. Hiring the right lawyer is a critical step, and there are certain mistakes to avoid when shopping for an attorney to handle your claim. Call Pierce Law Firm to schedule a free, private consultation with one of our attorneys. We will review the facts surrounding your dispute and provide a preliminary assessment of the strength of your claim. Below, we identify what you should look for when on the market for a lawyer.
Experience with Legal Malpractice
This is a unique area of law. Not all attorneys are qualified to handle a legal malpractice case. Your ideal attorney should have years of experience with these types of legal disputes. An experienced, high-level legal malpractice lawyer knows how to work with experts to prove that you did not receive adequate legal representation.
When meeting with lawyers, ask how long the lawyer has been handling legal malpractice cases. A lawyer should have a few years of experience.
Also ask if the lawyer has taken cases to trial. Trials are complicated, often involving the presentation of a “case within a case.” For example, if you believe your personal injury lawyer failed to provide competent service, then you need to show you would have won your case had the lawyer not made a critical mistake.
Experience with the Underlying Legal Dispute
Legal malpractice cases arise when our clients hire a lawyer for a specific legal job–negotiate a contract, handle a car accident claim, and so on–and the lawyer makes a mistake. Your legal malpractice lawyer should have experience in the underlying dispute to judge whether your attorney’s missteps cost you money or otherwise impaired your legal rights. Look for a lawyer with broad legal experience.
Honesty and Credibility
One reason to schedule a consultation is that you can meet with the lawyer in person to ask questions. Pay attention to:
- Clear communication. If you can’t understand what your lawyer is saying, then you should try to find someone else. A lawyer should also answer questions in a manner that allows you to judge your legal rights.
- No over-promising. A credible lawyer should not make promises. A lawyer should not guarantee that you will win your case, but the lawyer can identify the relative strength of your evidence.
- A lawyer should be honest about their experience as an attorney.
You should schedule a consultation with our office to meet for a one-on-one consultation.
Reasonable Fees
A lawyer should explain how they charge for representation in a legal malpractice case. Typically, lawyers either charge by the hour or they will agree to a contingency fee.
With a contingency fee, the lawyer agrees to accept a percentage of any settlement or court award. Do not hire a lawyer unless you understand how they charge.
Schedule a Free Consultation Today
An established Houston legal malpractice lawyer can meet to go over your case. We have helped people sue for missed deadlines, fraud, failure to communicate, and failure to investigate.