This form is a sample letter designed to communicate with former clients about scheduled hearings regarding outstanding attorney's fees. It serves to clarify billing issues and demands for payment, setting a clear timeline and process for resolving the debt. Unlike general collection notices, this letter notifies clients of a hearing date while inviting them to discuss payment arrangements in a professional and supportive manner.
This is a general form suitable for multiple states. Review and modify it as needed to reflect your jurisdiction’s rules.
This letter should be used when a former client has an outstanding balance of attorney fees and a hearing has been scheduled to address the matter. It is appropriate in situations where previous payment requests have gone unanswered, and the attorney seeks to encourage communication and negotiation regarding the outstanding debt before escalation to court proceedings.
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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.
Get Straight To The Point. Be Firm. Make Your Case Plainly. Don't Be Spiteful. Acknowledge Your Responsibility For Applicable Lawyer Fees. Get A Copy Of Your Case File.
The Rules of Professional Conduct of the State Bar of California specify three circumstances under which an attorney must terminate a client relationship: (1) where the attorney knows or should know that a client is bringing an action, conducting a defense, asserting a position in litigation, or taking an appeal,
(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.
The withdrawing or discharged lawyer must take action to protect the client's interest. These steps include giving reasonable notice of withdrawal, allowing time for retention of another lawyer, and promptly returning papers and property to which the client is entitled.
Stay calm, rational and polite. Give reasons for terminating the relationship, but keep emotion and name-calling out of the conversation. Follow-up with a phone call. You can start the process with an email, but you should follow-up with a phone call to talk your client through the process and answer any questions.
Under ABA Model Rule 1.16(a), a lawyer must withdraw from representing a client when: the lawyer is discharged by the client; the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or.
Let the client make the contact. Inform the client. Say thank you, repeatedly. Work out the details, and inform the client. Identify a good match for your client. Always give at least two names. Let the client make the contact, but give a heads-up if you can.
Why is a letter of engagement necessary? Very importantly, it provides documentary proof in the event of a dispute. It goes without saying that this contract will protect an attorney from clients who keep shifting the goalposts.