Editor’s Note: This article has been changed to reflect a Correction.
The most difficult litigation for any lawyer to engage in is the litigation involving attorney’s fees, especially where former clients assert breach of fiduciary duty causes of action for excessive fees and legal malpractice, either as counterclaims or as an anticipatory suit brought by the former client’s new lawyer who thinks that by taking the offensive the lawyer and his or her professional liability insurance carrier will throw in the towel on the fee claim, legitimate or not. Lawyers should be entitled to collect legitimate fees in a timely and cost-effective manner, and there are means to accomplish this objective that this article will review. The tools are informed consent letters, detailed and descriptive billing, account stated, retaining liens and charging liens.
Account Stated
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