The Legal Works of Gary G. Efstration

Customer came to see the lawyer on June 9, 2011 for an initial consultation on the case and paid $75.00. Client hired lawyer on June 15, 2011 to address a case filed against her. The case had serious implications regarding her family. The “two witnesses” she mentioned were present only when the...

initial discussion of the case occurred and before the long hearing and preparation of the long hearing were invoiced to her.The client signed a fee agreement and paid the $700.00 retainer/deposit. The case was the type that would be difficult to quote a flat fee because of the unknown nature of the course of the case (flat fee arrangements are generally quoted on the higher side and if the case settles/resolves quickly, a hourly arrangement would be a better plan). The client agreed to an hourly plan and understood that she would be billed extra (she acknowledges receiving the fee agreement and understanding there would be additional invoices and costs by her statements in her Revdex.com complaint).Her slanderous complaint can be boiled down to an allegation that I did not receive a billing. She makes no complaints about the successful representation in her case or that she does not owe the amount billed. She never contacted me to complain or question the billing.Several hearings dated June 15, 2011, July 27, 2011 and October 26, 2011 occurred and the case was successfully resolved with the case having been withdrawn. The hearing dated June 15, 2011 was lengthy and had several twists based on inquires of the Judge. The client was present at all three hearings.The client was regularly invoiced on August 5, 2011, September 8, 2011, October 12, 2011 and November 12, 2011. The first invoice dated August 5, 2011 was $1,511.00 based on the amount of time incurred handling two hearings, communications with other lawyers (including her other lawyer in another case that would be detrimentally effected by a loss in the case I was handling – coordination between both of her lawyers was requested by the client - and necessary and advisable) and communications with the client.In the October 31, 2011 closing letter to the client with the court order evidencing a withdraw of the case against her, she was again requested to pay on the balance of her case and create a payment plan that fit her budget.Sadly, this client obtained extremely successful results in her case, and ignored the invoicing. After being ignored and needing to clear my records of bad debt, I sent the case to collection.Her behavior supports why lawyers seek retainers up front. The approximately $1,500.00 expenses incurred on the representation of a case of her type were not unusual. By asking for a lower deposit and a payment plan at the end, the client was given access to justice by obtaining a lawyer for her defense, prevailing in the case against her and only needed to come up with a payment plan for the balance. If I told her $1,500.00 up front and she could not have afforded a lawyer, the results in the case and the implications on her family may have been much different. The client needs to pay what she owes so that she does not hurt other persons from being denied the same access to justice she received. I offered a payment plan in my October 31, 2011 letter. I offer the same presently, but now the payment terms are to be made with the collection agency .