can a lawyer charge me a second trial fee?

Question Details: i payed a 5000 retainer for a dui case. before trial i paid a 2000 trial fee. the trial went to jury selection but was continued because of new evidence. after the new trial date was set and we completed jury selection, the lwayer charged me a 2nd trial fee of 2500 but agreed to reduce it to 1500. the case was settled with a plea bargain, and a trial never took place, but she still is charging me the 2nd trial fee and is threatening to turn the debt over to the state attorneys office for litigation. if i dont pay her immediately. i have never received a itemized statement of charges.

Asked 8/13/2009 under DUI / DWI | 231 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

DUI / DWI Law Answers

What does your contract or agreement w/the lawyer state? It's not unreasonable to be charged more when the lawyer has to do additional work, such as getting ready for a new trail. Since it is not predictable how long a trial will take, how much effort or cost will be involved, etc., the norm would be that once you agree to pay for the new services, you pay the whole amount, regardless of whether it took a day or a month. However, your contract or agreement with the lawyer would control, so if it gave you a discount or reduction if the case settled earlier, she'd have to give you that discount.

If you don't pay, a lawyer can sue you or take any other legal or appropriate steps, like any vendor, store, service provider, or creditor could if you don't pay. However,

1) she can't turn it over to the state attorney's office for litigation--they do not do that; the state does not help privage creditors collect

2) You have a right to an itemized bill or statement of charges, and if she is unwilling to provide one, or if she makes improper threats, you can file a complaint with her state bar association.

Look up the Fair Debt Collections Practices Act (the federal law) to see what your rights are and the lawyer must legally do or provide if she's trying to collect from you.

Related DUI / DWI Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com