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  1. #1
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    Default Lawyer Sent a Second Bill, Claiming a Billing Error in Prior Statement

    My question involves a consumer law issue in the State of: NY

    I had an attorney help me with settling a relative's estate. The bill for his "minimal" services was for $2500, which I paid out of the estate funds along with all other outstanding bills, then I distributed the remaining money according to the will. Now six months later, I received another bill from the attorney saying, in essence, that he miscalculated the original amount on his fee and wants another $1500. Am I obligated to pay this after the estate has been closed?

  2. #2
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    Default Re: Lawyer Sent a Second Bill, Claiming a Billing Error in Prior Statement

    Quote Quoting debodun
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    My question involves a consumer law issue in the State of: NY

    I had an attorney help me with settling a relative's estate. The bill for his "minimal" services was for $2500, which I paid out of the estate funds along with all other outstanding bills, then I distributed the remaining money according to the will. Now six months later, I received another bill from the attorney saying, in essence, that he miscalculated the original amount on his fee and wants another $1500. Am I obligated to pay this after the estate has been closed?
    Did the attorney submit the closing papers? Because he did not really help "you" but the estate it could be a problem for him if he tried to collect after he submitted the final accounting.

  3. #3
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    Default Re: Lawyer Sent a Second Bill, Claiming a Billing Error in Prior Statement

    I'll infer that you retained this lawyer while serving as administrator of the estate. As Welfarelvr indicates, the first question is "who is the client"? If it's the estate, then the bill is properly directed to the estate. The second question is, if the estate is the client, did you guarantee payment? If so, you could potentially be personally responsible for the debt even if the estate is closed.

  4. #4
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    Default Re: Lawyer Sent a Second Bill, Claiming a Billing Error in Prior Statement

    What did the engagement letter you signed say about fees? What is the nature of the "error"? These are relevant unknowns that could change an answer to your question completely.

  5. #5
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    Default Re: Lawyer Sent a Second Bill, Claiming a Billing Error in Prior Statement

    It was more like the attorney retained me to act as the estate administratrix. It was a relative I wasn't even close to, but no one else on that side of the family was physically or mentally competent to serve in that capacity, so her lawyer contacted me as being the next in line to act as administratrix. I can only say the letter demanding more payment from this attorney indicated "for additional services not covered in the original agreement." The retainer I had with him only stated that his fee would not exceed $5000 unless there were "extenuating circumstances." I tried to call his office, but whoever answered said the attorney was out of the office and won't be back for three weeks.

  6. #6
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    Default Re: Lawyer Sent a Second Bill, Claiming a Billing Error in Prior Statement

    So you retained him, agreeing that his fee would not exceed $5,000, and it does not. Now answer the rest of the questions - you retained him in what capacity?

  7. #7
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    Default Re: Lawyer Sent a Second Bill, Claiming a Billing Error in Prior Statement

    To answer any questions I had about the estate and to help with filing the proper documents.

  8. #8
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    Default Re: Lawyer Sent a Second Bill, Claiming a Billing Error in Prior Statement

    Nobody asked why. You were asked about your capacity - as an individual, or as administrator.

    If you chose to retain him in your capacity as an individual, or chose to guarantee payment by the estate, then he can pursue you as an individual. If his claim is properly directed at the estate, which is closed, he presumably knows the hurdles he must cross to reopen the estate and make a claim.

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