Client trying to pull a switcheroo on me ...

[thecomputerguy]

A client contacts me because he is a witness to a case involving a lot of money. He himself is a Lawyer. He said that the opposing counsel has requested to get a copy of all of my clients emails from 2014 that were sent an received between him and the individual in the case.

The problem was, I was not his tech in 2014, and he hired me in 2017 because his emails were seriously out of whack from his tech at the time. I got everything all cleaned up and moved him over to office 365. Thankfully every bit of PSTs and Outlook data I could find I made sure to keep a copy of and archive.

I was eventually able to retrieve all of the emails they were asking for but it took some time sorting through all of his old hacked up data.

I send over my bill (6 or 7 hours of labor) and he replies with something to the effect of, "Thanks for you all your work it appears that what you were able to provide was sufficient and they are not requesting any more information. On top of that they are going to pay your bill since this was their data request."

I'm sitting back thinking, woah ... wait a second, I don't even know these people. You are my client and you called me and asked me to collect data. I don't even have a number to contact anyone in case I DONT get paid or I have to track someone down. There was never any mention of anyone else but him that would be paying the bill until the work was complete. For the past two years, he calls me, I do the work, he pays me, I wouldn't expect any different this time.

I'm pretty sure I'm going to send him a stern email stating that this is never how it worked before, there was never any mention of my compensation coming from some opposing counsel in another state. I believe they should pay for it but I should not be on the hook for this. If anyone is to be compensated it should be you. You should pay me, and they should pay you.

Right?

 

[dgoglio]

Your thinking is correct. Advise him he made the request, it is his responsibility to pay and get reimbursed.

 

[timeshifter]

Did you put a due date on the invoice?

Not sure I'd make an issue of it until there's a problem. If they're two days late then I'd start pursuing it.

 

[thecomputerguy]

Did you put a due date on the invoice?

Not sure I'd make an issue of it until there's a problem. If they're two days late then I'd start pursuing it.

I have one invoice that is currently 35 days past the invoice date and another one that is 28 days past invoice date total is $975.

 

[Sky-Knight]

Yeah, I'd try to play ball just because a good handling here might just get me a new client.

But in the end, until I have contact details and a payment in my hand, that invoice has his name on it, and he's responsible for it.

 

[thecomputerguy]

Yeah, I'd try to play ball just because a good handling here might just get me a new client.

But in the end, until I have contact details and a payment in my hand, that invoice has his name on it, and he's responsible for it.

The opposing counsel is in another state and they have their own IT. Part of the reason why there are so many hours on this invoice is because there was a lot of time spent on the phone with my clients lawyer, oppposing counsel, and the opposing counsels IT questioning me as to whether I was qualified enough to produce the data. They were a pain the ass.

Part of the reason why I was being questioned was because my client only gave me an hour to produce data when I needed another 5 hours to be able to completely produce the data. After an hour he said that was enough and if they want more data they can go F themselves. Obviously this painted me in a bad light because it looked like all I could produce was a fraction of what was there which is why I was being questioned on qualifications. I eventually did produce all the data they requested to their level of satisfaction.

 

[timeshifter]

I have one invoice that is currently 35 days past the invoice date and another one that is 28 days past invoice date.

Are the invoices marked "due on receipt", "Net 10", "Net 30"? Does this client normally pay faster when he's paying you directly?

 

[Sky-Knight]

@thecomputerguy That doesn't really change the fact that the request, and therefore burden of payment falls on your customer. If he wants to seek reimbursement from them, that's his business. But you aren't a part of that, and it isn't ethical for him to expect you to make yourself a part of that. You legally aren't on that hook until you accept payment, at that point the invoice has a different name on it. Hope the check doesn't bounce!

I'm assuming here no one told you up front who was going to be responsible, and if you have an existing relationship assuming your client is well... yours... is reasonable.

 

[timeshifter]

They were a pain the ass.

Yep, they're lawyers. There's a reason for all the lawyer jokes out there. Sure, some are good guys and genuinely nice and decent people, but there are also a lot of a-holes.

I remember stories from guys in the phone business from years ago. They'd tell how lawyers would order a big phone system. Terms of the sale would include payment in full 30 days after completion of installation. The "completion of installation" part was severely abused. The law firm would come up with one little change at the last minute like programming an extension in a certain way. Once done they'd add another and another pushing the payment due dates months and months out.

 

[thecomputerguy]

Are the invoices marked "due on receipt", "Net 10", "Net 30"? Does this client normally pay faster when he's paying you directly?

He takes awhile to pay but it was pretty clear his intention was to place the burden of payment on them when he said "Well I sent them your invoices".

I use freshbooks which does not support net 10 net 30. They get an email saying their invoice is due in 15 days but most ignore it. They get reminder emails after 15, 25, and 30 days.

 

[thecomputerguy]

@thecomputerguy That doesn't really change the fact that the request, and therefore burden of payment falls on your customer. If he wants to seek reimbursement from them, that's his business. But you aren't a part of that, and it isn't ethical for him to expect you to make yourself a part of that. You legally aren't on that hook until you accept payment, at that point the invoice has a different name on it. Hope the check doesn't bounce!

I'm assuming here no one told you up front who was going to be responsible, and if you have an existing relationship assuming your client is well... yours... is reasonable.

Agreed.

 

[Sky-Knight]

@timeshifter, that's why I don't work for lawyers anymore...

 

[thecomputerguy]

I just got an email back from him and he said he will have his lawyer cut checks next week. So it sounds like I'll get the result I'm looking for.

The whole situation is ridiculous. He was a partner with a Lawyer who is being sued, the Lawyer has a Lawyer, my Client (A Lawyer) has a Lawyer, and the person suing has a Lawyer.

Lawyers suing Lawyers with Lawyers ... LOL

I guess when there's a problem and all you know is Law, you sue.

 

[nlinecomputers]

The problem with lawyers is that they are perpetually broke all the time. They don't get paid until the case settles so they live off of saved money until the next case pays up. So ongoing expenses are difficult to deal with until they get paid. If they are being sued themselves then it's worse as they are working without the possibility of being paid unless the lawsuit goes their way and they get awarded damages.

 

[timeshifter]

Too bad there's not a legit way to repossess your work. One creative thought: your client is probably relieved that the opposing council has done their discovery and he could win his case. But you could create doubt in the opposition's council by saying you think you've found another backup that may contain additional email, but can't do any more work until they are paid up.

 

[timeshifter]

I just got an email back from him and he said he will have his lawyer cut checks next week.

You already know this, but believe it when you've deposited the check and waited a few days to be sure it clears.

 

[thecomputerguy]

Too bad there's not a legit way to repossess your work. One creative thought: your client is probably relieved that the opposing council has done their discovery and he could win his case. But you could create doubt in the opposition's council by saying you think you've found another backup that may contain additional email, but can't do any more work until they are paid up.

Yeah my client isn't even on the hook for this one, he's just a witness to the case and was burdened with producing data relevant to the case. So he's not at risk to lose anything except his time, and his fees to his lawyer to facilitate the whole thing. He also isn't winning anything either though.

 

[nerd2u]

This doesn't help you now but next time do like every lawyer does get a retainer upfront.

Sent from my SM-G870W using Tapatalk

 

[timeshifter]

Yeah, your client probably doesn't care. But the firm you provided the data does. Just trying to think of a way to scare them into paying you ASAP. Make them think you could invalidate the whole body of evidence because it's incomplete and you'd be happy to provide a statement to the judge stating that.

Even better, make them pay your bill to date and prepay a couple more hours for the new found emails. Then once the check clears send them duplicate emails, a partial range, of what you've already sent and let them figure it out. You can justify those extra hours to yourself as compensation for all the hassle.

(OK, I'd probably not actually do any of that, I'm just feeling devious this afternoon)

 

[GreyWolf]

Here's another cute problem you might be summoned in regards to anything you've done so get some legal aid.. so ie: I've got great magnets that come to mind and plenty of youtubers as suggestions for a tax deductible.