Overbilling is an incredibly common type of legal malpractice, which occurs when you hire an attorney on an hourly basis or who charges you for work that they haven’t completed or overcharges you for work they have done. It happens much more than clients realize because many people have no point of reference for how much legal services should cost.
Although there are many great attorneys out there who do great work for their clients, there are also lawyers who will commit unethical and sometimes even criminal acts in order to line their own pockets.
We know that hiring an attorney after being burned by your previous one is likely the last thing you want to do, but Ross Sears has made his name on getting justice for clients who have been wronged by their previous lawyers. Ross has been suing lawyers in Texas for over 30 years and is standing by to help you sue yours.
Call Sears Crawford at (713) 223-3333 or contact us online today for a free consultation.
What is considered overbilling?
Overbilling is a type of legal malpractice (or breach of contract or breach of fiduciary duty) that involves lawyers who charge an excessive, unreasonable, or unconscionable fee for their legal services. In most legal malpractice cases, this occurs when an attorney overcharges their hourly rate or exaggerates the time it took to complete tasks relating to your case, but it can also occur when an attorney is charging an unconscionable contingency fee.
Generally speaking, there are three ways to pay an attorney:
- Hourly. You hire an attorney at an agreed-upon contractual hourly rate, and your attorney then bills you for any and all time spent working on your case. Generally, but not always, this type of fee arrangement takes place when the client is being sued and needs an attorney to defend them.
- Flat fee. Sometimes, and generally on smaller cases, an attorney may enter into an agreement to work on a “flat fee,” which means the attorney will charge a single fee, regardless of how long the case takes or how many hours the attorney spends working on the case.
- Contingency fee. These are charged more often on the Plaintiff’s side of the case (the person filing a civil lawsuit for money damages), and the attorney charges a percentage of the case recovery and only gets paid if and when the client gets paid.
All of these forms of attorney payment can give rise to overcharging and/or excessive or “unconscionable” fees.
Is overbilling unethical?
Overbilling is not just unethical; it is considered a violation of the Texas Rules of Professional Conduct by which all practicing lawyers are bound. Lawyers who overbill know that their clients may not have a point of reference for how much time and effort these tasks take and will attempt to take advantage of their position of fidelity and trust.
Examples of attorney overbilling
Overbilling occurs when a lawyer charges excessive or unreasonable fees, often in violation of a fee agreement or without providing proper services. Overbilling can take several forms, such as:
- Padding billable hours: Charging for more hours than were actually worked on your case.
- Double billing: Charging two clients for the same time period or work, or allowing 2 or more employees to bill for the same work.
- Charging for unnecessary services: Billing for work that was not required or agreed upon.
- Overcharging for expenses: Inflating the cost of expenses like filing fees or travel expenses.
- Misrepresenting billing rates: Charging a higher rate than what was initially agreed upon or without proper notice or consent.
A clear and itemized invoice should break down the work performed and the time spent. If you receive vague or inflated bills, this could be an indication of overbilling.
Is overbilling a breach of contract?
That depends on whether your retainer agreement outlines specific billing practices that the overbilling breaks, but even if your attorney’s overbilling doesn’t constitute a breach of contract, it likely constitutes a breach of their fiduciary duty.
Continue reading about suing for breach of contract
How to sue an attorney in Texas
At Sears Crawford, LLP, WE SUE LAWYERS. If you believe your attorney has overcharged you for the work performed, whether it be by hourly fee or by contingency fee, we advise that you first speak with your attorney about your concerns. The attorney should have an incentive to keep you happy and make things right with you, rather than risk your filing a lawsuit against them for the above-described acts.
Firing your lawyer If for some reason, your attorney is not cooperating with you, and you decide to fire them, then your next step should be to get a second opinion from a legal malpractice attorney to see if they recommend a fee dispute. An experienced legal malpractice attorney, like Ross Sears from Sears Crawford, will be able to sift through the evidence provided and determine whether or not you have grounds for a lawsuit.
Among the many reasons to file a lawsuit against an attorney, overbilling may seem like a small thing, but it should not be overlooked. Unfortunately, it is an area of the attorney-client relationship that is often abused.
Continue reading: When is it too late to fire your attorney?
How to find a lawyer to sue another lawyer
Wondering how to sue a lawyer for overbilling? The answer is simple: hire an experienced legal malpractice attorney to represent you. When it comes to legal malpractice cases, you cannot simply hire any attorney you have heard about on television. If you are going head-to-head with another lawyer, you need an experienced and aggressive legal malpractice attorney fighting in your corner.
When looking for a lawyer, you should consider hiring a Board Certified lawyer. Why? Hiring a lawyer who is Board Certified in Personal Injury Law, which encompasses legal malpractice, strengthens your case immensely — after all, only approximately 5% of practicing attorneys in the state of Texas are Board Certified by the state. Hiring a Board Certified attorney like Ross Sears can make the difference between winning and losing your malpractice suit.
Victim of overbilling? Sears Crawford can help you sue your lawyer today.
If you believe that you are a victim of unethical attorney billing, contact Ross Sears at Sears Crawford as soon as possible to examine your case. We sue lawyers who have broken the trust and duty that is owed to their clients.
Ross Sears II, co-founder of Sears Crawford and accomplished legal malpractice attorney in Houston, has more than 30 years of experience successfully handling legal malpractice claims to obtain the proper compensation his clients deserve.
If you’re looking for attorneys that sue attorneys, you’re in the right place. Call Ross at Sears Crawford at (713) 223-3333 today.
