Can she do this???

[Detter D]

 
Long time Soc, but once again need your help.
Divorced 2/03  shared custody.
Live in MA

I have an outstanding lawyers bill and am wondering if it is
legal or ethical for a lawyer to charge interest on my account.
She was with a firm that I used, now she is no longer with them,
and took my outstanding account with her...she was my lawyer
in my proceedings??????

My new wife has an outstanding lawyer's bill, and they don't
charge her interest...

[socrateaser]

>
>Long time Soc, but once again need your help.
>Divorced 2/03  shared custody.
>Live in MA
>
>I have an outstanding lawyers bill and am wondering if it is
>legal or ethical for a lawyer to charge interest on my
>account.
>She was with a firm that I used, now she is no longer with
>them,
>and took my outstanding account with her...she was my lawyer
>in my proceedings??????

You should have a written agreement with your attorney. If that agreement states that interest will be charged on overdue balances, then an interest charge is legal. There may be an issue of whether or not the interest rate exceeds the statutory usery rate, however, I'd need to read the applicable state usery statute and the interest charge clause of your retainer agreement to determine the legality of the charge.

If you have no written retainer agreement, then any interest charge would need to be granted by a court judgment after determining that you breached your contract with the attorney by not paying your bill timely.

[Detter D]

Thank you once again Soc...I knew I could count
on you........

I did have a retainer agreement, so I will
have to search for that...
Thanks again....

[Detter D]

  Soc...I only signed a form stating she would be my lawyer...a
two sentence letter...nothing else

  I did not sign anything that described interest on the
outstanding balance, and have no judgement to do so.

  What do I do???

[socrateaser]

>  Soc...I only signed a form stating she would be my
>lawyer...a
>two sentence letter...nothing else
>
>  I did not sign anything that described interest on the
>outstanding balance, and have no judgement to do so.
>
>  What do I do???

Not enough facts:

1. What exactly does the form that you signed, say?

2. Do you agree to the itemizations of various services rendered by the attorney (hours, description, amount, etc.)? If no, then why not?

3. How much of the bill do you agree to (what amount)?

[Detter D]

The only thing I am really concerned about is the interest she is
charging...

[socrateaser]

>The only thing I am really concerned about is the interest
>she is
>charging...

The attorney could proceed on an  "account stated" theory. A regular bill showing a statement of your account will be presumed correct unless you object to it in a reasonable time period. As you have received exactly that sort of statement, you should object to the charging of interest on your bill.

The attorney could also claim "statutory interest" prescribed by law, if it is necessary to take you to court to collect the bill.

Absent either of the above theories, you are not liable for the interest charges. But, the longer that you allow the bill to go unpaid and unchallenged, the better the attorney's case gets.

Money has a time value.