Lawyer Invoices: What to Do in Case of Complaints?

Questioner

An office does not respond to my objection to the invoice. Now this law firm manages to call in a debt collection agency. Is this office allowed to do this? Moreover, this office demonstrably acts in conflict with the code of conduct of the legal profession on several points. For example, he refuses to specify his invoice

Lawyer

If you have an objection to an invoice, it is best to submit this objection in writing or by email. The lawyer is obliged to provide you with an explanation. Furthermore, in general, if an invoice is not paid on time, interest and collection costs are due. A collection agency may only charge these costs if the invoice is not paid within the payment term.

Questioner

Isn't a lawyer obliged to itemise his invoice if requested?

Lawyer

Yes, a lawyer is obliged to specify his invoices properly. From experience I know that unfortunately some lawyers do not do this or do not do this sufficiently. If the lawyer does not respond to complaints, you can file a complaint with the bar association or with the disputes committee, provided that the lawyer is affiliated with this. If he is not, you can start a budget procedure with the supervisory board.

Questioner

What does it cost to start a budget procedure and can we recover these costs from this law firm because they clearly do not want to cooperate? We may want to enlist the help of a graduate lawyer. Can we recover these costs from this firm?

Lawyer

Indeed, the lawyer must provide a specification. However, if a fixed total amount has been agreed, then that fixed amount applies with a breakdown of fee, VAT and court fees. However, if work is done on an hourly rate, you may demand to receive a detailed specification. Have you agreed on an hourly rate?

Questioner

What exactly does the fee breakdown entail?

Lawyer

If you have received an invoice based on worked time X hourly rate, you may of course request a statement of the worked time. If you have not received the specification, you can still demand it. If this specification is incorrect, you can contact the Dutch Bar Association for an estimate. You can find more information about this on this link: http://www.advocatenorde.nl/244/consumenten/veelgestelde%20vragen/aan-welke-regels-moeten-advocaten-zich-houden.html

Questioner

That wasn't my question, but thanks for the answer anyway... Can you provide me with an answer to my previous questions?

Lawyer

Budget procedure is free only lawyer must pay administration costs. Involving an authorized representative is not necessary because you can do the procedure yourself. If you do hire someone, you must pay them yourself. But as my colleague Appels has already indicated, a budget procedure is only possible if an hourly rate has been charged and a fixed total amount. If a fixed total amount has been agreed, you can either go to the disputes committee if the lawyer is affiliated with it or you cannot pay. Then the lawyer will have to start a lawsuit with the judge and you will be given the opportunity to tell your story to the judge. You can request compensation for the costs of legal assistance from both the disputes committee and the judge.

Questioner

The lawyer promised me in a telephone conversation that he would destroy the documents. He did not do this! I had this conversation on my work telephone. These conversations are recorded as standard at my work and can be listened to later. Is this legally valid evidence if the lawyer denies that he promised this?

Lawyer

Dear questioner, I have the impression that your questions concern my invoice. Perhaps it is a good idea to contact me directly if you have a question about an invoice? You can click on the icon 'direct contact'.