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Phillips & Associates, Attorneys At Law RIPOFF Unreasonable Fees for Services Provided Phoenix Arizona
At our initial consultation with Phillips & Associates a legal fee of $13,000.00 was agreed upon for Phillips & Associates representation of our son in the matters identified in the Scope of Services on the Fee Agreement.
The matters identified in the Scope of Services were the complaints that we believed our son had been cited, based on court documentation that our son had received from his arraignment.
There are eight (8) complaints listed in the Scope of Services. At our sons preliminary hearing it was learned that our son had only been cited for four of the eight complaints listed in the Scope of Services.
Being that the agreed legal fee of $13,000.00 was based on the eight (8) complaints that were initially believed to be filed, not the four (4) that Phillips & Associates subsequently represented our son for, I believe a fee adjustment and refund from Phillips & Associates is in order. I expect the fee to be adjusted accordingly for the services rendered and the balance returned to me. This is only good business practice.
Subsequent to sending my correspondence to the law office of Phillips & Associates I received a letter from them denying any refund.
The letter from Phillips & Associates indicated they had conducted a detail review of the case files and determined the original fee agreement was reasonable for the services provided, thus the do not believe a fee adjustment is appropriate.
The itemization of services document they provided showed a total of 88.27 hours dedicated to the case. The majority of the hours were recorded as phone conversations to my spouse and I, phone calls to others, time charged for the initial attorney appointed that did not produce any results, whom they later fired for his poor performance, etc.
The itemization document also shows charges for visits and/or meetings that the appointed attorney voluntarily attended. He wasn't required to be at these meetings, but wanted to be present because he had never had the opportunity to experience these activities. He took it upon his own to attend these activities.
On several court appearances where the attorney has charged hours, he was also attending other court cases he was assigned at the court, so the total hours he has recorded for those days is false.
The itemization document lacks very little evidence of fact finding and/or investigation of the facts of the case. This firm did nothing for our son and charged us a flat fixed fee based on charges our son was never cited for, and now deny that a refund is in order.
Looking for a law firm...look elsewhere. Do not retain Phillips and Associates for any matter.
Brian
Gilbert, Arizona
U.S.A.
9 Updates & Rebuttals
Ted
SCOTTSDALE,Arizona,
U.S.A.
Restitution Required
#10Consumer Comment
Thu, December 21, 2006
People are victimized daily by licensed Arizona lawyers, and the State Bar is a theatrical organization designed to be the "relef valve" so that disgruntled victims of lawyers can let-off steam.
The responsibility of victims is to warn other people through the media, member of the state legislature, and the State Bar.
Phillips & Associates seems to have many complaints and it would seem that they would want to clear their name and make restitution from over-charging.
When dealing with attorneys one tends to side with the victims and believe them over the "version of truth" as presented by the state's laicensed lawyers. The responsibility for licensing lawyers must be return to the State Legislature.
Carl
El Cajon,California,
U.S.A.
One more thing... Criminal matters are often handled on a flat fee basis.
#10Consumer Comment
Fri, March 25, 2005
Criminal matters are often handled on a flat fee basis. The amount of money an attorney charges is not set in stone, it can be negotiated. And you can always shop around to get a better price.
Most states have laws that prevent attorneys from charging an "unconscionable" fee. Supposed I took on a case for a 1/3 contingnent fee and settled in a day later for $1 million. You can bet that the State Bar is not going to let me keep a $333,333 fee for one day or a few hours of work. Is $13,000 unconscionable in this case? There are not enought facts to make a determination. That's why you should consider complaining to the state bar or hiring another attorney to review the file and give you an opinion.
Clients often gripe about bills, but our time is the only thing we have to sell. And attorneys are often guilty of rude behavior, but did you get a good result?
Patrick
Gilbert,Arizona,
U.S.A.
One more perspective. the question remains about how good those services were.
#10Consumer Comment
Wed, March 23, 2005
Carl & Tim,
Nice to see you here. Here is one more perspective for you. Phillips & Associates is one of those law firms that advertises heavily here in the Phoenix Valley area. You know, TV, billboards, radio and phone books. I think that says it all right there.
Although I will say that if truly 90 hours were put into this case, and they were charged a flat fee of $13,000, that works out to about $145/hr. Not too bad for legal representation. Then again, the question remains about how good those services were.
Timothy
Valparaiso,Indiana,
U.S.A.
Another perspective
#10Consumer Comment
Wed, March 23, 2005
I would say that, if the original fee agreement was based on eight charges that actually existed at the time the agreement was made, then you are not entitled to any refund. if, on the other hand, these superfuous charges never actually existed, then there is a mistake going to the basis of the bargain and you MAY be entitled to a refund.
But, as Carl explains, the absence of these four charges at the hearing may have been the result of the attorneys' work. Or, the attorneys may have recognized that these charges were likely to vanish, and the $13,000 fee was based on that presumption. In other words, you may have actually paid for four charges because the firm knew that the extra four would be dropped.
For minor criminal matters (i.e. misdemeanors), 13k seems a bit steep. But, if there were eight possible charges, and if the case involved various meetings and around 80 hours of work, I'm guessing that there were a few pretty serious charges. If this be the case, then the hefty bill doesn't surprise me.
Pearl
Chandler,Arizona,
U.S.A.
Carl El Cajon needs to read between the lines
#10Consumer Comment
Mon, March 21, 2005
Brian stated in his complaint that they did not do their homework with the aspect that their son only had only been cited for (4) out of the (8) complaints. So therefore less paperwork was filed, and or looked into. That is if indeed any homework was done at all. I'm learning in my present case that this company doesn't know what the heck they are doing. In fact I have learned from family members that know the Phillips closely that they indeed brag about the money that they rip off from people. How about that?
Pearl
Chandler,Arizona,
U.S.A.
Carl El Cajon needs to read between the lines
#10Consumer Comment
Mon, March 21, 2005
Brian stated in his complaint that they did not do their homework with the aspect that their son only had only been cited for (4) out of the (8) complaints. So therefore less paperwork was filed, and or looked into. That is if indeed any homework was done at all. I'm learning in my present case that this company doesn't know what the heck they are doing. In fact I have learned from family members that know the Phillips closely that they indeed brag about the money that they rip off from people. How about that?
Pearl
Chandler,Arizona,
U.S.A.
Carl El Cajon needs to read between the lines
#10Consumer Comment
Mon, March 21, 2005
Brian stated in his complaint that they did not do their homework with the aspect that their son only had only been cited for (4) out of the (8) complaints. So therefore less paperwork was filed, and or looked into. That is if indeed any homework was done at all. I'm learning in my present case that this company doesn't know what the heck they are doing. In fact I have learned from family members that know the Phillips closely that they indeed brag about the money that they rip off from people. How about that?
Pearl
Chandler,Arizona,
U.S.A.
Carl El Cajon needs to read between the lines
#10Consumer Comment
Mon, March 21, 2005
Brian stated in his complaint that they did not do their homework with the aspect that their son only had only been cited for (4) out of the (8) complaints. So therefore less paperwork was filed, and or looked into. That is if indeed any homework was done at all. I'm learning in my present case that this company doesn't know what the heck they are doing. In fact I have learned from family members that know the Phillips closely that they indeed brag about the money that they rip off from people. How about that?
Carl
El Cajon,California,
U.S.A.
I don't understand the problem
#10Consumer Comment
Fri, August 20, 2004
First of all, it sounds to me like you had a flat arrangement for the legal services. Flat fee arrangements are very common in criminal cases and the number of hours is not relevant. If the senior attorney on the case whats to bring a younger attorney to a meeting or a court hearing to get experience, that is there perogative. In a flat fee arrangement, the the number of hours billed to the file is irrelevant.
You didn't post anything to mentions being disatisfied with the result of the representation. Did the law firm not fulfill its obligations?
As for a refund, that really depends on the types of charges and why they were dismissed or not brought against your son. It is possible that the attorney was able to convince the prosecutor to dismiss the charges. It may also be that the prosecutor dismissed lesser included offenses that would have made no differnce in the level of effort need to diligently represent the client. Besides, the time to address the fee reduction was when you found out about that certain charge had been reduced or dropped, not after the case was over.