Fee Disputes

“I knew I shouldn’t have taken that case.” Unfortunately, this is the statement we hear all too often when an insured attorney reports a malpractice claim to ALPS. In light of that fact, this article will encourage you to listen to your own judgment when determining whether or not to take a case and emphasize the importance of appropriate client selection and file opening procedures.

Hindsight offers the benefit of much clearer vision when reviewing a file. This is particularly true in legal malpractice cases. Appropriate client selection and file opening procedures are important risk management tools that you can incorporate into your law practice. Not only does this enhance work satisfaction, we believe that it can provide your clients...

The following is a guest blog post by Julie Brook, Esq., Legal Editor with the CEB Blog.

The contract binding you and your client is the fee agreement. This is not the time for simple boilerplate and formulaic thinking: Draft your fee agreements with care and attention to the particular case at hand. 

As a general rule, attorney and client may contractually agree to the measure and mode of an attorney’s compensation. CCP §1021. Although statutes, case law, and rules of professional conduct may put some substantial limits on fee agreements, they are nonetheless contracts.

Many attorneys prefer to set out their fee agreements in numbered paragraphs. Some attorneys prefer to draft their agreements in a letter that the client signs to indicate his...

Wow! My second post here at ALPS411. I was thrilled to be invited back and decided to follow up my last post on solo construction practice in the cloud with a more specific post that is near and dear to my heart as a construction attorney here in Virginia. Namely mediation and how it can help lawyers (solo or otherwise) and their clients reach a business decision in the face of an the emotional roller coaster of litigation or other methods of dispute resolution.

I can speak to this truth from two perspectives: the litigator representing a client and the mediator whose role is to assist the parties reach a resolution in a neutral fashion. 

As a litigator and counselor I almost (though not quite) always recommend mediation at some point during...

Recently one of ALPS' Claims Attorneys, Mike Flaherty, presented to the Knoxville Chapter of the ALA on the issue of suing your clients for fees. I developed content for that presentation and heard from Mike that the session was well attended by ALA members. In fact, Mike was slated for a 30 minute presentation, but because there were so many questions, he stayed for a full hour. Obviously this is a burning topic for legal administrators and attorneys right now. I’d like to share my tips on this issue to help you avoid the risks that are incurred if you are faced with suing your clients for fees. In addition to the tips below for collecting your fees, take a look at ALPS Risk Management Report on Billing and Collection.

Suing your client for...

Ok. I get it. How many malpractice claims are there that have been the result of a failure to write a declination letter? You know the one that says thanks but no. Truth be told, not many; but there are a few. Some are conflict problems because the creation of this letter is what normally would trigger the entering of the names of declined clients into the conflict database. When the letter isn’t written, the names can’t be entered and a conflict problem sometimes arises down the road. Others are a bit more concerning and represent the real reason why these letters should be used. Sometimes a non-client who did speak with you eventually sues you for failing to do something. They allege that you were indeed their attorney, at least as they...