Attorney

Started by MaureenM1 • 9 replies • 1494 views

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MaureenM1 (PA)
Posts: 344

Posted:

If a Board Attorney send the President an unsolicited question, should he charge the HOA Association for that email? We are in transition and our Board attorney is handling it for us (with our builder/developer being very uncooperative). I haven't heard from him in a few weeks and he sent me a question today asking me for an update. Should he be charging the HOA for that correspondence?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Of course he should charge. That is why you hired him.

MatthewW4 (Arizona)
Posts: 500

Posted:

If you visit his office you will find that somewhere the attorney has a plaque quoting Abraham Lincoln: "An attorney's time and advice are his stock in trade."

Apparently lawyers worked for free until Lincoln came along. Since that time, they will charge you for anything they do for you.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I called an attorney's office one time and left a message to call me if anything was going on in a legal matter. He called me back from his cell phone while on the way home form his weekend home. He billed me for it.

We had a Come to Jesus Meeting. He retracted the bill.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Maureen,

As others have said, attorneys charge for their time.

However, most attorney's are reasonable (believe it or not) and if you discussed it that charge may be removed. Please note the catch 22, they may charge you for the time of discussing the bill.

The attorney is working on an issue for you and, based on your post, needed some feedback. When you send the feedback simply include your concern and make clearer instructions when you wish to hear from the attorney.

CarolR11 (Colorado)
Posts: 2,563

Posted:

One question, Maureen, is: Did he already charge you? Or, do you suspect that he will?

Second, if it's his opinion that he must advise you based on your update, I suspect he'll charge for that advice or opinion.

Third, look over your contract with the firm. Our new firm and previous one both had different hourly fees for sr. partner, partner, paralegal, secretary (or similar levels). They also each have fees per quarter hour.

I agree with Tim that attorneys can be very reasonable.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is typical. They will charge you for phone calls and emails. A good hint to avoid the charges, do not leave your name and offer to call back when they are in the office. They may charge you. It's good to understand and only have 1 person in contact with the lawyer. Preferably the President and after approval of the board.

The lawyer represents the HOA as a whole NOT the individual members.

Former HOA President

MikeR15 (Massachusetts)
Posts: 389

Posted:

You are talking about the HOA "gravy train".

HOA lawyers absolutly LOVE the gravy train.

Here is a link to an excellent treatment of the "HOA gravy train"

http://www.texashoareform.org/Documents/TheHOAGravyTrain.pdf

CarolR11 (Colorado)
Posts: 2,563

Posted:

Melissa wrote that the attorney will charge for phone calls.

Again, Maureen, read your HOA's contract with this attorney. Neither our current or past attorney charge for phone calls. I don't know if that's typical. Only the president or, in some cases per the board's instructions, the PM, may phone the attorney per our contract.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I should clarify... A lawyer may not charge for the intitial phone calls to their office. Those may indeed be free. That is the decision time for if they will take your case or if you want to hire them. However, once you have a signed contract or retainer fee with them, make sure to check if they will charge for phone calls or emails. I found out too late as got charged $24 for an email. I also learned not to leave messages but wait till he was in the office. Never left my HOA's or my name to call back.

Lawyers have their purpose. They are licensed to practice law. It's a paid skill like hiring an electrician. A HOA since it is a corporation typically has to have an attorney to represent them in court. However, a trusted board member can do it, but who would vote for that to happen over legal representation?

Understand the purpose of your lawyer and hire the correct one for your needs. A HOA is a corporation and not necessarily "Real Estate". Your dealing with contractual type laws. So hire lawyers that fit the area of law your trying to pursue. A Real Estate lawyer may not fit your bill as much as a lawyer familiar with contractual/business law. HOA specialist lawyers are expensive and sometimes rare. So diversifying who you hire for certain needs may save you money.

Former HOA President

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