Hey Truean, what should one do if one suspects that he's getting overbilled?
That gets into a negotiation, which is an individualized experience for each time. However, there are some general rules. Typically,think like a lawyer, because that is who you are ultimately going to have to convince when it comes to legal billing charges (your lawyer, another lawyer to dispute the charge and/or perhaps the bar association/ethics board).
Look carefully at your billing statements and go through each item to see if you understand why you are being charged for it. If you do not understand, then make a clear note of it and why you don't understand it. Keep in mind that there may well be very legitimate charges that most laypeople don't understand without explanation. With this information in hand, call your lawyer's office and ask to speak to the person who handles the billing. Note that I have had people call my boss a "rip off," "wonder what he is doing for his money," and all sorts of derogatory things. Do not do this, remain calm and respectful, or no one will want to help you. The idea is to calmly talk about the charges and see if you can get them reduced. Name calling is counterproductive.
Keep in mind that you may very well be given to a secretary/clerk, who might not know everything about his or her boss's notes. We are laypeople too, technically. You might very well have to talk to the lawyer or be called back by the lawyer. This might necessitate a few friendly calls on your part, because lawyers are busy people with 20 clients pulling them in different directions. Keep your composure if it takes a little while.
When talking to the lawyer, have a well organized discussion about specific billing charges you can go over with him or her. The nature of this conversation will be highly dependent upon the charges, but never just say "this is too much." Give a specific reason why, while avoiding blame.
If all else fails and you really truly think you have a valid claim, the local bar association takes complaints about this sort of thing. Keep in mind that there is no surer way to piss off a lawyer than reporting him or her to the bar. It should be an absolute measure of last resort for you. Consider talking to another lawyer about your lawyer's billing practices before reporting him or her to the bar. Specific downsides to the client include having your lawyer not represent you after you report him, and having your lawyer collect his fee anyhow if you are wrong.
In short, here is the process:
1.) Talk to your lawyer's secretary/billing specialist
2.) Talk to your lawyer.
3.) Talk to another lawyer about the bills
4.) Talk to the bar association.
Keep in mind lawyers have broad discretion about the fees they charge, as long as they are legal and ethical. For specific legal advice in your area, consult an attorney, specifically an attorney specializing in legal ethics if you can find one. Call your local bar association for a referral. Note that just because he didn't win the case, doesn't mean he doesn't get paid; it depends what you bargained for.
Always keep in mind two of the basic rules of law:
1.) Do not piss off the judge.
2.) Prove it.
Notice the order of the rules....