Austin Lawyers - Is this normal in TX? (Howe: flat fee, lawyer)

[TwinMomJA]

I've been in TX for two years ago and recently hired an atty. to draw up what I thought was a simple document. I asked for a simple (I used the word simple) Power of Attorney for my mother to authorize medical care for my children while my husband and I were out of the country. From what I've been told, this is a pretty standard document. You can imagine my amazement when I got the bill for $330! It was to be drawn up by the junior attorney (1 yr. experience). Her rate is $175 per hour. I was charged for an hour and a half of her time to prepare the document and "research medical care for minors..read probate code guardianship section." Then I was charged for 15 minutes of her Sr. Attorneys time to look it over $68.75 at a rate of $275.

So here's my question - I have NEVER been charged for research before. (I have used firms in CA and FL). Shouldn't an attorney already know that stuff? I would understand if it was a complicated case, but a power of attorney?? I just don't feel like I should have to pay for her to do research - isn't that what law school is for? And, what's the point of using the Jr. attorney when I have to pay anyways for the Sr. atty to check her work? Did I get ripped off or is this how they do things in TX? You hire someone because they are an expert, then y ou have to pay for them to do additional research?

I'm willing to admit I'm wrong if I'm wrong...

[Trainwreck20]

I don't know, but if the type of action is their 'thing', then I think it should be a flat fee or a very low fee. If it is not their 'thing', then they may have to research (verify the current laws and any recent changes, etc) the action.

It also sounds like you went to a pretty 'average' law firm (at those rates), maybe even on the low end, but it might be something you could have gone to a cut-rate attorney and saved a bunch. I am not a lawyer, but it seems it is hard to get anything out of a law firm for less than several hundred dollars. On the other hand, I would probably question them on the costs...did they have an estimated cost for you whem they started the work?

[Jennibc]

The law is constantly changing. It would be malpractice for an attorney to not check the statute and the most current case law at the time of drafting the document. So research was not out of line (checking the statute to make sure there are no new amendments and corresponding case law). Also, consider that the attorney had to spend time meeting with you to gather information. That would have been billed as well. I got to tell you, $330 does not seem like that much for a legal bill.

[austin-steve]

Here is a link to some good info on this topic:
From: Medical Power of Attorney

[edubya]

Some attorneys charge flat fees for documents like this, and some (obviously) charge per hour. Did you receive an engagement letter of some kind describing the process and the fee structure?

As for the research issue, no, that's not really what law school is for. The old maxim is that law school teaches you to think like a lawyer, not actually practice law. A brand new lawyer may not know the answer to any number of legal questions, but he'll know the process of finding answers and learning how to apply them appropriately.

[TwinMomJA]

There wasn't an initial meeting to discuss it. We were meeting on a personal matter when I mentioned that I was going to get one done (I was planning on going on line and clearly I should have!). She said - "Oh I can do that for you - it's very simple" Apparently we have VERY different ideas of what simple is.

[aaauger]

As with all other things, ask for a price range up front. And $330 for a POA that will stand up in court and protect your children is a good investment. In comparison, think of a court battle at those same rates.

[Austin-Willy]

Having prepared POAs before, I'm not at all surprised at the cost or the amount of time listed in your bill. However, law firms are often asked to discount their fees, so if you feel the cost is too high, feel free to ask for a discount. You might get 10% - 20% written off.

In the future, since this was such an informal engagement, consider telling your attorney "if it's going to cost more than $X, please let me know."

[dfarmer002]

and this is why I have grown disenchanted with practicing law...the constant complaining of clients thinking they got ripped off, te same ones that would drop that same monet to the tax guy, mechanic, plumber, etc without a blink...nonetheless, its 330 dollars which is not too far off many firms minimum hourly or consult fee. So the research aspect may or may not be good customer service nor the review by senior attorney part. You could certainly talk to them and they would likely reduce the bill for client satisfaction purposes ..i would...say to 250. BUT...330 is not unconscionable by any respect/

[Trainwreck20]

I don't think it is an out of line fee at all, but I would think that for something this straightforward, you would go with a standard form rather than an actual attorney.