top tip

TLI Top Tip: Be Nice When Collecting Fees

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Lawyers are not immune from having clients or customers who refuse to pay their bills. The consequences to the lawyer can be great, particularly when the client owes a large amount or the representation causes the lawyer to forego other clients or taking on new ones. 

A desire for retribution or justice by using harsh collection practices is understandable, but not advised. In TLI’s experience, harsh collection tactics frequently lead to malpractice claims. In fact, a claim for legal malpractice is a compulsory counterclaim to a suit for fees. Before suing for fees, it is important to first determine whether the client has the means to pay the outstanding fee and to consider the time, expense and stress of being involved in a litigation that places your work, billing, and services under a microscope. You may find that instead of being a plaintiff seeking recovery, you end up spending more…

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