Lawyer Informs Retainer Depleted Months Ago And Invoiced 125% More
I paid a retainer to a Virginia lawyer where the original agreement says:
“The attorney will send a billing statement, from time-to-time, showing the balance, if any, remaining in Clients’ account.”
Over 7 months I never received an invoice leading me to believe they were still operating within the retainer. But suddenly right before Christmas they send an invoice of billable hours claiming the retainer was depleted months ago and I owe 125% more.
Their duties included mainly email negotiations and strategy for a case that never happened. Whenever the lawyer wanted to talk over the phone often the conversations were heavily padded with story telling where they would carry on and on and would often talk over me keeping me from getting things back on track. It was like paying the television $350 an hour to listen to the history channel…
I don’t have recordings of the phone calls. But I do have an invoice claiming up to an entire hour to send a single email.
The question is, is that unethical and is it something worth bringing up to my state bar ethics hotline? I don’t want to hire a lawyer to deal with my lawyer. Would it be better to pay and then file a complaint with the bar? Is that treated like the BBB and is a waste of time?
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