Posted by LMP/FL on 2/21/13 11:34pm
Msg #457051

Fee dispute after 30 days…

On 12/24/12 I was hired by an attorney to work 2 hrs. on 12/26 at a client’s office with end of year closings. The agreed fee was confirmed via email. Upon arrival I asked for the contact person and although he was in the middle of a closing, he came out and asked me to wait. No one else came out and the receptionist was no help either. The notary came out about 2 hrs. later and asked if the 2 pm clients had arrived. “No one had arrived and no one had come out from the back offices to provide any guidance” I said. At that point he said it was O.K. for me to leave. I gave him my invoice for the 2 hrs. I was there to give to the attorney and left.
On 12/27/12 the attorney contacted me again and asked if I could help out with closings on 12/31/12 for about 3 hrs. Again the fee was agreed on and confirmed via email. On this second day I did 2 closings for them and the assistant provided to me made the copies for the buyers in each case. I later emailed my invoice for the day to the attorney who hired me.

On 2/5/13 (more than 30 days later) I emailed the attorney requesting status of my fee. She responded with a phone call telling me she was not happy with my work and that they had encountered problems with some original documents improperly given to the buyers. She wanted pay a lesser amount than what she had agreed on and asked me what I thought. I was furious and told her I would email my answer which I did the next day in detail. I feel I’m entitled to full payment as agreed upon. I went to an office the end of December where I knew no one expecting some guidance and there was none. On the 2nd day they were better organized and was scheduled to do 2 closings. I trusted the assistant assigned to me to know the difference between originals and copies and didn’t think I should have to check her. This might be where the mix ups occurred, or is it the attorney's way to cut her expenses? ? ?
Appreciate your suggestions for my next step.

Reply by Gregory/CA on 2/22/13 2:22am
Msg #457059

If the attorney did not like the work performed by you, then why did it take so long for the attorney to communicate with you.

To me, it seems the attorney is trying to reduce your fee with some excuse; whether valid or not. The two of you agreed to a fee for performance. You performed and said fee should be reimbursed. If the attorney was not happy with the performance, then, IMO, the attorney should have contacted you upon discovery; not at time of a payment status.

IMO, you deserve the full fee that was negotiated and agreed upon.

Reply by CinOH on 2/22/13 11:07am
Msg #457115

She's trying to reduce your fee is all. I'd email her and ask for payment in full within 5 business days. If I did not get it I would send her a demand letter. If she refused to pay by the demand date then you can take her to small claims or file a bar complaint on her.

She only brought up your alleged performance issues after you asked to be paid. I wouldn't go for it.

Reply by Lisa Cirillo on 2/22/13 1:00pm
Msg #457154

I agree with the others. It appears that if you hadn't asked where your payment was, she would have gone on in her busy little life. You were contracted to perform a service on a certain day(s), you did your job. The assistant provided to you should have been more aware of what her job was in this scenario. The attorney, I'm sure, was full aware of mistakes, if any, shortly after you left her office. So the question is, why did it take requesting payment for this issue to come up. I would also send a demand for payment, if met with resistance, I would make one more demand for payment. If payment is not received then I would make a complaint to the BBB as well as the Bar Association and then send a final letter telling her that I would be initiating a small claims action against her. Good luck and add this one to the list of "Do Not Answer" contacts in your phone.