Re: Refunding fees

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Don't know whether you use the Model Rules, the old Model
Code or a variation on those things in your jurisdiction but
be very careful of asking her to sign something that holds
you harmless as it could-could be interpreted wrongly as an
attempt to avoid liability for malpractice by exacting an
agreement not to sue from a client. Such an agreement is
forbidden in these parts (Iowa).
I think I'd simply refund the fee, hand her an advisory
letter that clearly sets out the obligations and time
constraints she is under to the IRS and other regulatory
bodies of course noting how many days from the date of the
letter officially severing the attorney client relationship
that those things come due and advising her to seek other
counsel to preserve any rights she may have. I'd put a copy
and do a damn good memo to file on the ungrateful virago.
We generally get a lot less here, particularly if you're a
free lance virtual lawyer without an office-I've set up LLCs
complete with an operating agreement and all the trimmings
for a lot less than 8 bills.

On 11/15/05, Mike the Lawyer wrote:
> I have a client who has been complaining that I did not
> file her incorporation fast enough. I filed Monday, and
> it's about 3 weeks after she came to my office. I charged
> $800, which is pretty much average for DC. I have not
> submitted her S-corp election to the IRS, or provided her
> with any other docs like shareholder agree or anything.
> She called today complaining that I hadn't done this
> stuff. I want to get her off my back, and told her I'd
> refund her fee. Should I include a letter also saying that
> she holds me harmless for anything that happens - for
> example, she doesn't file her S-election on time? I want
> to be rid of her, but don't want to be screwed in the
> process - malpractice, ethics, etc...
>