Connecticut Attorney Billing Abuse

Being a lawyer is not just a profession, it is also a business. Like any business, lawyers and law firms want to make money. Unfortunately, often the drive for profits can cause billing abuses and overcharging of legal fees.

Lawyer billing abuses come in many different forms. It can include hour padding, charging for work that was never done, performing needless or questionable work, and charging for the time of several attorneys all doing the same thing. It can also include circumstances where a lawyer handles a case in a manner that is not in the best interest of the client, but rather to maximize attorney fees. A lawyer must act in the best interest of the client not herself.

Decisions on actions to be taken are sometimes made less on the basis of what’s in the best interest for the client, than it is how much can be billed for the work. A lawyer must act in the best interest of her client, not her own best interests.

We’ve helped clients who have been the victim of overcharging or billing abuse both by seeking a refund of any overpayment and by defending the client in a collection action brought by the attorney. If you feel that your attorney has inappropriately over billed you, give us a call – we can help.

Some Tips On How Clients Can Help Avoid Falling Victim

At Stanger & Arnold, we often hear about the things that go horribly wrong in an attorney-client relationship. That’s because we handle cases involving legal malpractice in Connecticut.

When hiring an attorney, it is crucial to be an "informed consumer.” When looking to hire an attorney, clients should be asking themselves:

1. How did I learn about this attorney? What is his/her reputation?
Ask a lot of questions. Interview the attorney. You are hiring them – they are your employee.

2. Do I fully understand the representation contract that I have signed with the attorney?
Don’t be afraid to ask lots of questions. You should fully understand all of the elements of the contract. Your attorney should explain each part of the contract with you before expecting you to sign it.

3. Have I been provided a copy of every contract or document that I have signed?
After signing a document such as a contract, if he or she does not first offer it, request a copy from your attorney and retain it for your records.

4. Does my attorney carry malpractice insurance?
Beware - your attorney may be bare. Connecticut attorneys are not required to carry malpractice insurance. This is a big deal because if your attorney screws up and does not have malpractice insurance, he or she may not have the money to pay for any damages their error has caused you. For attorneys, a good rule of thumb is to carry as much insurance as the amount of their largest case.

These are the types of questions that clients should be thinking about when hiring an attorney. If you have questions regarding legal malpractice in Connecticut – we can help.

Connecticut Legal Malpractice Actions Carry A Three Year Statute Of Limitations

Most Connecticut legal malpractice occurs through administrative errors (i.e., failure to calendar, clerical errors, procrastination); Substantive errors (i.e., failure to know the law, conflict of interest); client relations (i.e., not following client instructions, improper withdrawal); or intentional wrongs doing such as libel, civil rights, fraud, theft, malicious prosecution.

In Connecticut, the general rule is that legal malpractice cases must be brought within three years from the time of the act of malpractice. BUT there are many ways to extend that time. So call us and we can help you understand if you have a claim. If we decide to take on your matter we can help you understand when it has to be filed by. If you don't file it within the time allowed you may loose any and all of your rights - so don't delay. If your attorney has screwed up your case and cost you money - we can help.

Connecticut Legal Malpractice: The "Case Within A Case"

In many Connecticut legal malpractice actions, the term “case within a case” arises. It typically comes up in legal malpractice cases involving a prior law suit. Basically, a "case within a case" refers to situations where a plaintiff-client claims, that due to their lawyer’s malpractice, they have completely lost their right to recover monetary damages or have recovered much less than they were entitled to because of their lawyer's screw up.

Normally, for a plaintiff-client to show that they suffered damages as a result of their lawyer’s error, they most prove that, but for the laywer's mistake, they would have won the case or at least recovered greater damages. This is the type of thing that we can help clients with.

Connecticut Legal Malpractice: Copyright and Trademark Errors

Copyright and trademark infringement cases present an interesting area of law that may lead to Connecticut legal malpractice. When advising clients about licensing, copyright and trademark issues, lawyers have a duty to offer competent and diligent advice. A failure to adequately research and render competent advice on copyright and trademark issues could lead to huge losses by a client who subsequently is sued for copyright or trademark infringement.

When lawyers screw up like this client’s are harmed – but we can help.

Regrets The Morning After Settlement: Connecticut Legal Malpractice

The most common call we receive for a Connecticut legal malpractice case is not dissatisfaction with the result after a trial. Rather, having agreed to a settlement the client now has second thoughts and wishes they had never listened to their lawyer’s recommendation. This often results in the client wanting to bring a legal malpractice action against their attorney.

In such cases, the clients will assert that they could have received a more favorable result, despite the fact that they knowingly and willingly agreed to end the case. In Connecticut, like the majority of states, a client is permitted to sue their lawyer under the theory that their attorney negligently negotiated an agreement despite the fact that the client consented to settlement.

Procedurally, lawyers owe their clients a duty to communicate, a duty not to exceed the client’s given authority, a duty to be diligent, a duty to reveal conflicts of interest, and a duty not to compromise a client’s interests in an effort to cover up the lawyer’s error. Substantively, during settlement and negotiation, lawyers are required to provide their clients with appropriate and accurate information so that they may make an informed decision. This includes a thorough explanation of the law and how it should affect the client’s decision so that the client is able to make an informed decision. Connecticut lawyers that fail to appropriately exercise these procedural and substantive duties may be liable for Connecticut legal malpractice and we can help.

Inadequate Performance of Legal Research May Result in Connecticut Legal Malpractice

Connecticut lawyers have an ethical obligation, to perform sufficient research to effectively advocate on behalf of their clients. In fulfilling this duty of competent research, lawyers are expected to exercise ordinary care under the circumstances. The most important consideration is that the attorney has conducted sufficient research to make an informed decision on behalf of their client.

In this age of increasingly available information, lawyers may find themselves the subject of legal malpractice actions as a result of inadequate legal research. Research is an essential part of any type of law practice and every lawyer should possess the fundamental skills of locating relevant legal authority and evaluating it.

Given the low cost of today’s digital publishing databases (sometimes even free i.e., http://scholar.google.com/) combined with the ease of distribution over the internet, competent legal research is easily accessible with a few keystrokes. Inadequate legal research by Connecticut lawyers should not be happening. A failure to adequately perform legal research by a Connecticut lawyer may be legal malpractice – and we can help.