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Schwartz & Ponterio, PLLC
917-338-3879
  • Home
  • Attorneys
    • Matthew F. Schwartz
    • John Ponterio
  • Practice Areas
    • Legal Malpractice
    • Copyright Law
    • Referrals For Legal Malpractice
    • Criminal Defense
  • Blog
  • Contact

Schwartz & Ponterio, PLLC holds lawyers responsible for legal malpractice.

Did your attorney overcharge you?

On Behalf of Schwartz & Ponterio, PLLC | Jul 25, 2024 | Legal Malpractice

Attorneys have an important role in providing their clients with adequate representation. For the most part, this is what attorneys do, but that isn’t always the case.

Sometimes, the conduct of an attorney falls below the expected standard within the profession. If that conduct breaches a duty of care and causes damages, this could be legal malpractice. 

One potential example of legal malpractice is overcharging. What might this look like? 

Charging double 

Legal representation can cost a significant amount of money. If you win your case, then this money is usually worth it. Nonetheless, an attorney should always be upfront about their charge. They should give you a ballpark figure of the approximate cost of your case. 

An attorney should also bill you in an honest manner. While uncommon, it is not unheard of for some attorneys to charge double the amount of hours they actually worked. For example, if an attorney spent four hours preparing your case, they should charge you for four hours of work and not eight. 

Invoicing for partner rates 

The majority of law firms comprise business partners. These are usually fellow practicing attorneys. An attorney’s hourly rate is usually significantly more than administrative staff and other office workers. However, there are some tasks that office workers can carry out. An attorney should not bill tasks conducted by administrative staff at the rates of practicing attorneys.

Not all overcharging amounts to legal malpractice, but serious misuse of client funds and fraud might. Seeking guidance from someone who oversees attorney conduct will be highly beneficial.

 

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