According to the Comments to Rule 1.5 in the ABA Model Rules of Professional Conduct (6th ed.), here are some ethical “no-no’s” that lawyers can be disciplined for when it comes to billing for their services:
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John, always enjoy your well-thought out posts. I agree that all of the above are unethical and the overbilling lawyers should be disciplined, up to disbarment. Unfortunately, the actual numbers of attorneys disciplined for this behavior is incredibly low (I saw these numbers somewhere, but can’t find them now) and rarely results in reimbursement to the client. My moral of the above story. You can’t count on the state bar disciplinary system to protect you; smart clients need to protect themselves.
John, well said. This is an important topic that can’t be reiterated enough. I also blogged about it a couple of years ago at “More art than science? On ethical billing practices” at my own blog, “The Irreverent Lawyer,” at http://lawmrh.wordpress.com/2010/11/11/more-art-than-science-on-ethical-billing-practices/
Keep up the good work! I wish you continued success.
– Mo
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Can an attorney charge me a flat rate to defend a case then bill my insurance company for the same case he charged me a flat rate to defend.
Double billing is considered to be a serious offense under the ABA Model Rules of Prof. Conduct. See ABA Annotated Model Rules of Professional Conduct, at p. 70 “Bill –Padding; Double-Billing” [“Padding bills and billing the same work to more than one client violate Rule 1.5(a)(among other provisions)”] citing In re Disciplinary Proceeding against Vanderbeek, 101P.3d 88 (Wash. 2004)(disbarment for bill padding).