I had a first time apointment with a local lawyer today. He’s done my parent’s will, and I was once introduced to him. So now when I have a legal issue, concerning the deed to my house, I called him.
Two hours before the appointment I get a call, telling me that “something has come up, and is it all right to postpone our appointment this afternoon?”
I had no choice but to say yes, and to reschedule for Monday. But I’m quite annoyed. If I’d cancelled on him I’d probably have gotten a bill anyway.
What I figure i$ that thi$ guy had a client with a cri$i$ that ha$ more dollars$ than I do, $o I got $hunted to one $ide.
Life isn’t fair, I know that, but it ticks me off to have it proved like this
The attorney who handled my divorce has referred me to another attorney for an issue involving my ex being in contempt of the divorce agreement, which led to me being sued.
I got my bill from attorney #1 and #2, where I was billed by each for a phone conference in which they discussed my case. Number one charged me $30 for a 4 minute discussion. Attorney #2 charged me $65 for the same discussion (although he clocked it as 6 minutes).
In addition, where attorney #2 has discussed strategy with his paralegal, I get billed for his and her time!
Maybe he had some huge deal that needed his immediate attention - maybe a longtime client who was just arrested - or some emergency court date. In such situations, it might well be reasonable for him to give such matters precedence over your (apparently non-emergency) real estate matter.
Or maybe he just wanted to duck out of the office early on Friday, in which case he is a dick.
An unexpected emergency arose in a matter which the lawyer already has a pre-existing representation relationship (unlike your rather less time-sensitive initial consultation). He cannot tell you the details because he treats this client’s affairs, as, one should deduce he would treat yours, as confidential.
Yes, if you cancelled at the last moment without a compelling excuse, you would get a bill. You are buying the lawyer’s time and expertise, he is not buying your legal problems. When you agree to pay the lawyer, he is obligated to spend time and research on your issue, even if he later decides he’d rather spend the day at the tennis club. That is the bargain.
He may have had a legit problem. But I have to warn you, do not ever give a lawyer power of attorney concerning a property matter - never. I know one personally who became a millionaire by getting the PoA and selling the property and keeping the money - all legally. My own atty who was handling an estate of which I was the sole heir tried the same thing - and his family and my family knew each other for more than 150 years, and he still tried it.
It means the same thing as it would have if you had said it. There was something more important. Something that couldn’t wait. Something with a deadline. Or someone in hospital. Or jail. A lawyer has to prioritize his work according to what is actually the most urgent. It’s not unlike what a doctor has to do.
Legal and medical issues aren’t like social engagements. You don’t necessarily get priority just because you made the appointment first.
No, lawyers are not allowed to bill you unless they are actually doing work for you. The only time he could bill you for a cancelled appointment is if he was actually required to waste time waiting for you when he could have been working for another client.
More client dollars is not the only answer. The other client’s issue might actually have been more important than yours. That happens in the law.
Or maybe he had a family emergency. That could happen to anyone.
Or maybe he is being a dick and left to play golf.
I’ve only once had a client openly express annoyance at this sort of issue and my response was, “I’m really sorry about this, I do value you as a client, and just bear in mind when you have a crisis, I won’t hesitate to bump other clients for you.” He saw my point.
ETA: Although I would have suggested a female client. Afterwards, he would hand her his bill, and tell her that “It was a business doing pleasure with you.”
Lawyers who charge by the hour make their money by charging by the hour. If they talk to their paralegal, they are both working.
The question in the OP could be a number of things. It could be they got called away unexpectedly to court, or had something more urgent happen. It’s like triage. It also could be that they had nothing else that day and didn’t want to come in just for your thing. Depends on the lawyer and the office.
I use that phrase regularly with clients if I need to re-juggle my schedule. It’s because it is a non-committal statement.
I have to prioritize my time according to the needs of each client and the urgency of their work. If client A is coming to my office for a meeting on a relatively routine matter that isn’t urgent, and suddenly another file blows up and needs my immediate attention or else client B’s interests are prejudiced, I have to work on client B’s file.
And then the duty of confidentiality comes into play. As others have commented, as a lawyer I’m under a professional duty not to talk about one client’s matters with another client. If I need to do something for client B unexpectedly, I can’t tell client A about it. Saying something has come up is a good way to say it.
I’d understand if it was what happened to my dad. He got a lawyer pursuing a wrongful termination. Just barely more than 24 hours before his scheduled court date, his lawyer called him and said “Something came up and I cannot be your lawyer anymore.” Everyone we have told the story to think he was paid to stop representing us.
Since he could have also filed to postpone the court date and should have known the case was unwinnable a long time before this, it has always been my assumption that he was paid to drop us, and to do so when it would be horribly inconvenient to find someone else. (And, unfortunately, it worked.)
But just a reschedule? You are just assuming bad faith for no reason. It’s not just a bad idea on this message board.
Except that a lawyer can’t typically drop you as a client in the middle of a litigation without the judges permission. If you really feel this is what happened here, you should take the issue up with your state Bar.
