Can an attorney demand late fees and attorneys fees for a payment that was made on time but never received?

Asked on November 29, 2011 under Real Estate Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to review your representation agreement with your attorney and see what it states in terms of payments (when made, where made and your escrow account and interest accruing thereof). If your attorney had you pay with a due date of the 1st of the month and you paid on the 1st but your attorney either didn't pick up the mail (say if certified) or if you did a deposit by way of a wire transfer but the bank made a mistake, you may be responsible for certain fees charged by your attorney but those fees need to be in line with state usury laws and with the ethics code of that particular state for attorneys. Contact the state bar in the state in which you had your representation (where presumably the attorney is licensed) and find out about late payments and the legality thereof.

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