Rescheduled appointments policy in a bankruptcy law practice
Posted: Wed Aug 07, 2013 10:07 am
Would anyone be willing to share a sample retainer agreement? If so,
please email me off list. Thank you.
Christian
On Wed, Aug 7, 2013 at 3:11 AM, Jay Fleischman wrote:
> In the event that I fail to cancel appointment with 24 hours advance
> notice, then I will be charged an additional fee of $100 that must be
> paid prior to my bankruptcy case being filed with the court. I
> understand that Law Firm may not be able to honor an appointment if I
> show up more than 15 minutes late; if this is the case then I will be
> bill as if I did not show up for the appointment.
>
> I enforce it by sending the client a bill each month showing their
> unpaid balance, by having them initial next to this paragraph to
> indicate that they have read and understood it, and by demanding the
> money prior to filing.
>
> -------------
> Jay S. Fleischman, Esq.
> Shaev & Fleischman, LLP
>
> I help people get smart solutions to their bill problems.
>
> http://www.ConsumerHelpCentral.com
>
> 556 S Fair Oaks Ave Ste 101-152
> Pasadena CA 91105-2656
>
> T: 626-808-4343 x704
> E: jay@sflawca.com
>
> Email isn't secure, so it's not confidential. By communicating with
> me by email, you understand that it's not confidential.
>
>
> On Wed, Aug 7, 2013 at 12:36 AM, cdcbaa wrote:
> >
> >
> > Jay:
> >
> > what do you add to your retainer, and how do you enforce it?
> >
> > dennis
> >
> > Sent from mars
> >
> > On Aug 6, 2013, at 2:58 PM, Jay Fleischman wrote:
> >
> >
> >
> > This is something that plagues our profession, in part because we're
> > conditioned to treat the word of the US Trustee's Office as gospel
> regarding
> > our fee structure.
> >
> > We let clients walk all over us because we are too timid to stand up for
> the
> > value of our time. We worry that the client will go elsewhere, taking
> their
> > money with them.
> >
> > I offer a counterpoint.
> >
> > If a client makes an appointment and fails to cancel within 24 hours,
> that
> > client has stolen time that would otherwise be available to someone else.
> > Be it for an appointment or the actual doing of work, that recalcitrant
> > client is a thief of our time. There is a penalty for that, and it is
> > monetary in nature.
> >
> > That penalty is in my retainer agreement, and I repeat it each and every
> > time that someone makes an appointment to speak with me. If you didn't
> show
> > up for Sunday dinner at your mother's house, she'd cuff you - and she'd
> be
> > right to do so. I can't take that action, but I can hit you in your
> wallet.
> >
> > If a trustee doesn't like it, that's a shame. But I document my policies
> in
> > every retainer agreement, and I track my time spent on each matter. I've
> > never been called on it, but would be willing to do so before any court
> that
> > cares to hear the issue.
> >
> > We have value. By letting people run roughshod over us, we diminish that
> > value. If we do so, how can we gripe if our fees are slashed at every
> turn?
> >
> > -------------
> > Jay S. Fleischman, Esq.
> > Shaev & Fleischman, LLP
> >
> > I help people in the Los Angeles area and New York City get smart
> solutions
> > to their bill problems.
> >
> > http://www.ConsumerHelpCentral.com
> >
> > 556 S Fair Oaks Ave Ste 101-152
> > Pasadena CA 91105-2656
> >
> > 1430 Broadway Ste 1802
> > New York NY 10018-3354
> >
> > T: 626-808-4343 x704
> > E: jay@sflawca.com
> >
> > Email isn't secure, so it's not confidential. By communicating with me
> by
> > email, you understand that it's not confidential.
> >
> >
> > On Mon, Aug 5, 2013 at 6:24 PM, Catherine Christiansen
> > wrote:
> >>
> >>
> >>
> >> Hi Steve:
> >>
> >> The UST still supervises what we charge our clients. You have to list
> >> what you receive in the SOFA. The UST looks at the degree of
> difficulty.
> >> If you have a client that plays hide and seek with their appointments
> then
> >> you may be able to justify additional charges. If there is anyone at
> the
> >> UST's office you have a good working relationship with I suggest
> running it
> >> by them for input.
> >>
> >>
> >>
> >> Law Office of Catherine Christiansen
> >> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> >> Tel: (714) 375-6651 Fax: (562) 490-8572
> >> attorneychristiansen@gmail.com
> >>
> >> ________________________________
> >> To: cdcbaa@yahoogroups.com
> >> Sent: Monday, August 5, 2013 2:20 PM
> >> Subject: [cdcbaa] Rescheduled appointments policy in a bankruptcy law
> >> practice
> >>
> >>
> >> Dear List mates:
> >>
> >> The following regards office management in a bankruptcy practice, not
> the
> >> finer points of the law. I hope this is an appropriate topic for the
> list
> >> serve. I apologize in advance if it is not. There is no price fixing
> or
> >> anything else that should affect the competitiveness of our marketplace
> in
> >> this particular question.
> >>
> >> My office spends considerable time rescheduling clients. As the week
> >> approaches, or during the week of the scheduled appointment (often the
> day
> >> of) at least 3 per week and sometimes more clients ask to reschedule.
> On
> >> some odd occasions they just dont show up.
> >>
> >> Ive been thinking about creating a policy, integrated into my retainer
> by
> >> reference, that gives them one free cancelation and then starts charging
> >> them up to 3, and then its my option to terminate. The three strikes
> >> termination is already in the retainer letter because we occasionally
> get
> >> someone who just falls off the face of the earth or nearly so.
> >>
> >> Yet Ive been chicken to charge for the ones that give me the run around
> >> but still manage to muddle through to filing. It does cost me on a
> flat
> >> fee when they either flake or deprioritize us to the point of making us
> last
> >> on their list. It interferes with work flow.
> >>
> >> I think this rescheduling phenomenon is partly due to the flat fee
> policy
> >> that puts all the costs on the firm and not on the client. Therefore,
> I am
> >> trying to shift the costs by modifying the flat fee to charge a
> reasonable
> >> cost.
> >>
> >> Any opinion or experience shared would be appreciated. If you dont
> >> believe it is appropriate for everyone, then please share off list.
> >>
> >> Thank you
> >>
> >> Steve
> >>
> >> Law Offices of Steven B. Lever
> >> >
> >> > Steven B. Lever
> >> >( Tel. (562) 436-5456 ext. 1
> >> >( Fax (562) 485-6886
> >> >* sblever@leverlaw.com
> >> > www.leverlaw.com
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> >> > sender immediately and delete it. Thank you.
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> >>
> >>
> >>
> >
> > Reply via web post Reply to sender Reply to group Start a New Topic
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> > in this topic (3)
> >
> >
>
>
> ------------------------------------
>
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Christian T. Kim
Dumas & Associates
3435 Wilshire Boulevard, Suite 990
Los Angeles, CA 90010
(p) 213-368-5000
(f) 213-368-5009
ckim@dumas-law.com
www.dumas-law.com
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Would anyone be willing to share a sample retainer agreement? If so, please email me off list. Thank you.ChristianOn Wed, Aug 7, 2013 at 3:11 AM, Jay Fleischman <bankruptcy@gmail.com> wrote:
The post was migrated from Yahoo.