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For now, the general rule in America remains that each party pays its own lawyers. Although the American Rule generally prevents parties from recovering their legal fees, there are exceptions.Certain federal and state laws allow you to recover attorney fees if you win your lawsuit.

If your lawyer doesn't seem to be working on your case, sending a polite but firm letter laying out your concerns should get your lawyer's attention. Don't threaten to file a malpractice lawsuit or complain to the bar association; such threats will probably make your lawyer angry and defensive, not attentive.

If you think that your attorney has not been working diligently on your case, you can always request your case file from your attorney. You can either go to the attorney's office and read the file there or request that the attorney make copies of everything and send them to you.

To start the process, complete a fee arbitration request form from the local bar association and submit the filing fee. Include information about the attorney's fees and costs and explain why you believe the attorney's fees are excessive. Attach copies of any documents requested on the form.

If you think that you were overcharged by your lawyer, you can apply to have the bill assessed. The Costs Assessment Scheme is used to make sure that legal fees were reasonable, and comparative to the amount, and type, of work carried out. The work must have also been done in a reasonable amount of time.

Clarify that you are disputing the fees You should identify the particular date of the bills and mention the charges you are disputing. You can do it by using bullet points. Then you have to give your lawyer a full description of the bill you are disputing and explain why you are doing so.

If you believe your attorney has not acted in your best interest and has thereby done something illegal or unethical, you may wish to file a grievance against your attorney. In Tennessee you may contact the Board of Professional Responsibility at 1-800-486-5714 (www.tbpr.org).

1 Ordinarily, fees paid to attorneys are not recoverable from the opposing party as costs, damages or otherwise, in the absence of express statutory or contractual authority.

Tennessee Complaint to Collect Unpaid Attorneys Fees

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