Lawyer fee - is this fair?

w1z4rd

w1z4rd

Karmic Sangoma
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Typo in subject. Asking mod to fix. Should be lawyer fee.

So I thought it would be a good idea to find a lawyer to assist my wife and I on working with her residency permit. I found an immigration lawyer and sent him an email.

I asked him if he does what we are looking for and he responded he did. He then asked us for copies of all our personal documents and such and over two emails asked us a couple of questions about our relationship.

After I had got no response from him for a couple of days I emailed him again and asked how we should proceed and if he needs anything more from me and whats entailed in all of this.

He sends back an email saying that it would cost in the region of R14000. I replied with a polite email saying that he was too expensive and we would rather try do this on our own.

He replied back saying "fine"... and sent a bill for R1900 for "taking instruction".

Yet he has done nothing for us, but ask a handful of questions in two short emails. No advice or service was offered. When he informed us of the pricing we told him right away that we cant afford it.

Are lawyers allowed to do this?

Its like someone phoning me for advice on a server, I ask "what kind of server etc", then charging that person R1900 when they decline to use my services because of costing.
 
He can claim it is for receiving instructions, disbursements (telephone calls made, faxes received etc) and perusing of documents. Lawyers can and do justify their exorbitant fees.

The Courts sets a tariff (party to party scale I believe) but attorneys are not bound by it and can charge you on an attorney, client scale. (Private fees so to speak).
 
Cheri_N said:
He can claim it is for receiving instructions, disbursements (telephone calls made, faxes received etc) and perusing of documents. Lawyers can and do justify their exorbitant fees.

The Courts sets a tariff (party to party scale I believe) but attorneys are not bound by it and can charge you on an attorney, client scale. (Private fees so to speak).
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Can anyone charge you for reading an email? He made no calls, he received no faxes, it was a handful of emails. He received no instruction from us. We told him about what we were looking to do. When he told us the price, we said no thanks as we can not afford it.
 
w1z4rd said:
Can anyone charge you for reading an email? He made no calls, he received no faxes, it was a handful of emails. He received no instruction from us. We told him about what we were looking to do. When he told us the price, we said no thanks as we can not afford it.
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Unless he stipulated that there is a quote rejection fee tell him to get fscked. He did not instruct you to do anything nor did you follow it. You instructed HIM of your choice and actions. Bill him for it.
 
Makes me want to be a lawyer!!! Just answer emails and get paid!!!

Seriously though, I hope you don't have to pay.
 
Tell him your fee for receiving, opening and perusing his invoice is R1900, so you're done.
 
Tell him you just want to check with the law society if its a legitimate charge :)
 
w1z4rd said:
Typo in subject. Asking mod to fix. Should be lawyer fee.

So I thought it would be a good idea to find a lawyer to assist my wife and I on working with her residency permit. I found an immigration lawyer and sent him an email.

I asked him if he does what we are looking for and he responded he did. He then asked us for copies of all our personal documents and such and over two emails asked us a couple of questions about our relationship.

After I had got no response from him for a couple of days I emailed him again and asked how we should proceed and if he needs anything more from me and whats entailed in all of this.

He sends back an email saying that it would cost in the region of R14000. I replied with a polite email saying that he was too expensive and we would rather try do this on our own.

He replied back saying "fine"... and sent a bill for R1900 for "taking instruction".

Yet he has done nothing for us, but ask a handful of questions in two short emails. No advice or service was offered. When he informed us of the pricing we told him right away that we cant afford it.

Are lawyers allowed to do this?

Its like someone phoning me for advice on a server, I ask "what kind of server etc", then charging that person R1900 when they decline to use my services because of costing.
Click to expand...

You don't owe him ****. He hasn't taken instruction because he hasn't acted on your behalf. He wants to charge you for work not done.
 
w1z4rd said:
Typo in subject. Asking mod to fix. Should be lawyer fee.

I asked him if he does what we are looking for and he responded he did. He then asked us for copies of all our personal documents and such and over two emails asked us a couple of questions about our relationship.
Click to expand...

This says it all. He can justify you sending the documents as a request. Now you might have some grounds on the fee not given to you before hand, but that would cost you more in court fee's than the R1900 to get it lower if you even win. He knows this and you have to pay :(
 
You should hire a lawyer . . . :D
 
phone someone like an ombudsman in the law faculty. maybe the university or something. but i would think by you emailing and asking advise you would owe him something at least. perhaps you could get away with it saying you had no response from him for a period of time and it was you who had to follow up with him.
 
Celine said:
phone someone like an ombudsman in the law faculty. maybe the university or something. but i would think by you emailing and asking advise you would owe him something at least. perhaps you could get away with it saying you had no response from him for a period of time and it was you who had to follow up with him.
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He gave me no advice.
 
w1z4rd , I know it is easy to give advice after the fact, but he probably construed your e-mailing to and fro and you supplying some info to him as the equivalent of a consultation, for which he now expects payment.

Some attorneys actually want a deposit paid before they even start the process.

It is always best to find out right from the start how payment works - this goes for all professional services, whether it is a doctor, lawyer or accountant.
 
The problem with lawyers is that they know the law, so your fscked. If you take them to court you still have to pay a lawyer to fight for your case.
 
Why do you need a lawyer to proceed with her residency application? It's not a very complicated procedure. I had a working spousal visa up and going within a month of coming into SA, and I've just renewed it every couple of years.
 
I emailed him back, told him that I dont accept his invoice as I did not agree to any fee`s or monies to be paid. Told him he has done nothing on our behalf, has not offered us advice or services and he is welcome to sue me. I informed him his time is worth more time than my time so I dont mind. Then suggested a compromise. For the couple of questions he asked me I offered him R500.
 
cerebus said:
Why do you need a lawyer to proceed with her residency application? It's not a very complicated procedure. I had a working spousal visa up and going within a month of coming into SA, and I've just renewed it every couple of years.
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We have a ton of forms we are working through right now, and have heard horror stories of complications. We thought it might be wiser to go through someone who knew the road. Though not someone who costs R1900 an hour.
 
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