January 26, 2026  • By Dennis Beaver

Talk about putting useful information to work — our January 13 article, Billed 12 Hours for a Few Seconds of Work: How AI Is Helping Law Firms Overcharge Clients, riled up several readers.

The article notes that some law firms are using AI to produce — in seconds — documents that would normally take hours to draft. Yet, they’re billing for those hours as if the work had been done the old way.

This lit a spark under many who read the story and had “are you kidding me?” discussions with their lawyers.

Don’t be afraid to bring it up

Beyond saying, “I think you owe me a refund,” many readers reported that they went a step further. Not wanting to be dismissed with, “That’s our bill — pay it,” they researched their state’s bar regulations on charging for work that was actually performed — the time that was, in fact, spent on the task.

“Ben,” in Cleveland, wrote, “I found a shopping list of violations that could jeopardize her license to practice law. I don’t want to be accused of extortion or blackmail. I want to say, ‘AI was used, yet I was billed as if you had done the work yourself. I expect a refund for the unearned hours. You know the consequences if I file a complaint with the bar.’

“What if she replies, ‘Don’t threaten to complain to the bar, because that is blackmail, and you’ll find yourself in trouble.”

Ben absolutely can say that. Filing a complaint with his state’s bar would not be extortion, as there is a legitimate reason. I suggested this direct, yet more diplomatic, approach:

As AI was used to generate the material, all I am asking is for a refund of what I was overcharged and nothing more. I am prepared to file that complaint, but that is not what I want to do.

Lawyers comment on 2,000-hour billing requirement

Our story also cited the destructive, inhumane, fraud-creating requirement for attorneys to bill 2,000-plus hours yearly to keep their job, which translates into expecting high-quality legal work to be produced 12 hours a day.

“Utterly impossible,” according to Dr. Luis Vega, professor of Psychology at California State University, Bakersfield. “This completely unreasonable and unachievable hour total finds decent people caught in a web of corporate greed.

“While there is individual variation, on average, four hours of intense focus is typically the most one can expect per day. It is called the Four-Hour Rule of Productivity.”

The responses to this issue, from attorneys in the U.S. and Canada, were touching.

From midsize to Big Law firms, lawyers phoned my office after 3 p.m. Pacific Time, which made it 6 p.m. on the East Coast, when most support staff had left for the day. (I ran phone numbers through a reverse look-up service to verify their origin, often seeing a photo and description on their firm’s web page.)

I listened as young lawyers poured out their hearts to me, some who had read this column throughout law school.

YouTube helps some lawyers cheat

I spoke with “Claudia,” “Rex” and “Tim” in New York, who teamed up on speakerphone. Claudia said, “When you used the term ‘sweatshop,’ that describes our job environment perfectly.”

Rex added, “This place is just plain toxic. When we were in law school and attended the firm’s summer camp, it was all fun, but no one ever told us that, when hired, we would become slaves to the billable hour.”

Claudia chimed back in with, “You can’t fulfill a 2,000-hour yearly billing goal honestly. It is impossible. But YouTube billing tutorials by other lawyers showed us how to bill creatively — in other words, commit billing fraud!”

She directed me to a YouTube video where an attorney suggested billing whatever time is spent thinking about a client’s case — while taking a shower, driving to work, even sleeping.

“So,” Claudia continued, “when you wrote that the pressure and insane time demands destroy families and lead to divorce, burnout, depression and substance abuse, you have described most lawyers here — some are on their second marriage, at least.”

Tim observed, “Many attorneys who have been here for several years virtually have ‘I hate this place’ stamped on their foreheads. I do not know a single colleague who can claim being happy to come to work, despite the money.”

He added, “Not in our pre-law university classes nor law school was any of this reality ever discussed. I am looking for a job with the county or city because I do not want to become a statistic. I want a normal life, dinner with my family, taking our kids out for a trip to the park. I want to be a real husband and father, not someone who is married to the firm!”

A promise of change

One Kansas City, Kansas, law firm was different, though.

“Mr. Beaver,” “Monique” said, “your column is very popular here and is frequently discussed in office meetings. So when your AI story ran, there was quite a buzz!

“One of the partners called for a meeting and said, ‘We should send Mr. Beaver a box of Kansas City steaks. His AI story brought out into the open something we have all been aware of and, I’m sure, bothered by.

“‘Just so everyone knows, management gets it. We have been exploring old-fashioned ways to bill for services, just like Beaver referenced in his article. Please give us some time. Please trust us to make things better.'”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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HANFORD — Over the years, two small law firms in this town have generated more questions from readers about attorney fees and billing practices than any other we have seen, and this column has reviewed bills from across the country.

For things that are normal overhead — customarily covered by an hourly fee — these lawyers would charge extra, such as: “Discussing your case with my secretary, 30 minutes. Review of File — 45 minutes. Reviewing your file with my new associate and paralegal, 1 hour.”

On cases where nothing was happening (confirmed by examining the court’s file) “Review of File — 1 hour” would appear on a bill every six weeks. With several clients, over half of the retainer was cannibalized this way.

Now, you don’t want to see your lawyer standing by the side of the road with a sign reading, “Will Give Legal Advice for Food.”  If an attorney is competent and knows how to run a business, then it’s not that difficult to earn a good income. Note: The operative word is earn, not steal.

But when a lawyer’s moral compass is Gordon Gekko, and he or she lives by the motto “Greed is Good,” then clients become victims of predatory billing practices. This column has helped our readers stand up to these guys, saving thousands of dollars, and it would have been easy to conclude that one of them was up to it again when we received this email:

“Our attorney is handling a real estate matter and I phoned to check on how the case was coming along. Later, his bill arrived, and in addition to other items, there was a $150 charge for that telephone conversation. Is it reasonable to be billed for simply asking about the status of our case?”

‘Time is the Lawyer’s Inventory’

As we would learn from New York attorney Seth Rosner — regarded as one of the nation’s most respected experts in legal ethics and professional responsibility — the answer to the question is: Yes – No – It Depends.

“That truly is a serious answer,” Rosner explained. “Clients need to know what is happening with their case or, for example, if a draft of their will or contract is ready. Questions which can be answered briefly should not be billed.

“But often it isn’t a question that calls for a yes-or-no type of answer, as the client asks for an explanation, or provides information in response to the lawyer’s request. Before you know it, half an hour is gone,” he points out, and next highlights the difference about law practice from most any other line of work:

“For a moment, let’s think of a Lowe’s or Home Depot, and the enormous inventory of things which they sell to generate the money which pays employee salaries, heat, air conditioning, rent, computers, all the same things which lawyers have to pay for as well.

“But our inventory isn’t stuff; rather, it’s time. We sell time, advice, knowledge and information. Whatever result the client is looking for, the attorney-client relationship is all about time. But often what the client expects goes well beyond what the lawyer understands, so this needs to be addressed when the attorney is hired,” he maintains.

A clear retainer agreement is important

“In general, where attorney fees are expected to exceed a certain amount — for example, $1,000 in California — a written fee agreement is required. This is also known as a retainer or engagement agreement.

“Clients typically have greater expectations for work than what the lawyer thinks. For that reason, the agreement must define as precisely as possible the scope — what services the lawyer will perform — and just as important, services which the lawyer will not, such as filing an appeal. And it is extremely important to state how the bill will be calculated.

“It is critical that the written retainer agreement be in clear language.” Rosner stressed.

“While it is a business transaction, an attorney-client relationship is different from virtually all others. It must be based on truthfulness, trust and placing the client’s interests ahead of the lawyer’s.

“So, an easy-to-understand retainer agreement will often be the key to establishing a relationship that lasts for decades and embody the Lawyer’s Golden Rule:

“Always treat every client as you would wish to be treated if the client was sitting in your chair and you were on the other side of the desk,” Rosner concluded.

And our Hanford reader? Did he ask a question that called for that brief, yes-or-no kind of an answer, or was their discussion far more involved? We’ll tell you next time, as well as focus on how clients can drive their lawyers “sane.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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It is legal for a lawyer to secretly record a conversation with clients? How about a client, or a client’s friend, making the recording and not informing the lawyer?

If you’re thinking, “President Trump and his former lawyer, Michael Cohen,” then we are on the same page.

It depends upon the state where the recording was made. Eleven states, including California, require consent of everyone recorded. In most others, only one person’s permission is needed, and that is usually the person making the recording.

But what happens when that required consent wasn’t obtained, and a recording reveals some truly rotten legal advice given to a client in a divorce case?

A Hanford reader played that kind of a recording for me recently, confirming all that I had been told about a certain Central Valley divorce attorney.

“You want to cause him grief? I’m your guy.”

“I accompanied my sister to a consultation with a divorce lawyer known for being a jerk. Neither she nor the attorney knew I was recording it. I was shocked to hear the lawyer tell my sister to say all kinds of false things about her husband to get a kick-out order and temporary support even though she has hidden a small fortune from him.

“He’s a good guy, and sis has mental issues. Is this a common practice among divorce lawyers? What does this say about the legal profession? What should I do with this recording? Thanks, Brian.”

Where does the blame lie for unethical lawyering?

I am often asked if the American Legal System is more dedicated to the care and feeding of lawyers than in helping people solve their problems, especially in divorce cases. If true, where does blame lie? What role, if any, do clients play?

Lawyers profit from disputes which often aren’t handled in a mature manner by unreasonable people. When you and your neighbor have a problem and refuse to make a good faith effort to resolve it, you just improved the lawyer’s bottom line.

Late with the rent or don’t pay a bill that you owe, a legal secretary somewhere gets a larger Christmas bonus. And when you hire a lawyer know for unnecessarily causing the other side grief – dragging things out – both attorneys make a lot of money at the clients’ expense.

Over the years, this column has pointed out that what clients want from the legal system often dictates what they will get. Want to punish your spouse? Easy, just hire an attorney who has a reputation for making the other side go through hell. And please, don’t worry about what you are doing to the kids. Get even now.

If you claim to have deep religious views, set them aside and have fun seeking revenge. Or, as I was once told, “What I want you to do isn’t very Biblical, but the Lord has forgiven me.” My reply? “Please show me a fax or email from the Lord proving that, and, by the way, prisons are filled with people claiming to be forgiven. Judges don’t see it that way.”

“It’s a matter of principal.”

If, during your initial consultation, you state, in so many words, “I really want to cause the other side pain… it’s a matter of principle,” you’ve just opened yourself up to being taken advantage of by a system that will let you pay for revenge.

Isn’t it much better to say, “I want an objective recommendation: Will the expense justify this action? I don’t want your opinion as my lawyer, but as a judge.” Remember that as in medicine, second legal opinions are a very good idea, particularly in hotly contested divorce/custody cases.

Recognize that there is a built-in conflict of interest between client and lawyer. The more work performed, the more the attorney makes. As you are seeking second or even third opinions, pay careful attention to the attorney who tries to discourage you from litigation. You may have hit upon that gem of a lawyer who cares about honesty and advice that is best for the client.

It is hard to send away a client who has money to burn, and the real problem with our adversarial system is that it discourages lawyers from really asking the hard question, “Is this truly best for the client?”

So my advice in the selection of an attorney is fairly simple. Find a lawyer who tells you in so many words, “Yes, you could file suit, but why? What are you really going to gain? Why not save the money and take your family on a nice vacation?”

And our advice to Brian? “You have violated California Penal Code 632, face a year in jail and a $2,500 fine. Destroy it and help your sister find an ethical attorney lawyer.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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An attorney you have been referred to is aware that no provable, underlying reason to file that suit exists, yet states, “They aren’t going to want to spend money on defending it, and will pay us to go away.”

Just how much trouble could you be in if the defendant takes the case to trial and you lose? What impact can a baseless lawsuit have on your life?

Purchased 2011 Nissan Leaf from a pawn shop

In December of 2016 “Teddy” purchased an all-electric 2011 Nissan Leaf “as is” from a pawn shop for $6,000.

Asking no questions about the vehicle – you read correctly, no questions about the vehicle at all, none, zip, nada — Teddy used his debit card to make one cash payment and the car was delivered the next day to him in a Southern California city where summer temperatures can reach 115 degrees.

“When the Leaf arrived and I began to drive it, the power gauge revealed my battery to be very weak. I called the seller, explaining that something was wrong, but they told me the car was purchased with no warranty. That was when my nightmare started,” he told us.

You might be thinking, “Well, surely he did some research on the vehicle before buying it, right?” Wrong. For if Teddy had performed any kind of due diligence before saying goodbye to $6,000, he would have discovered that in 2013 Leaf batteries began to fail in hot climates and were replaced with one more heat tolerant. The car was also the subject of a major class action against Nissan.

He would have learned that, for a while, Nissan was offering owners a replacement battery and extended favorable pricing of a new, improved one for several years.

Had he taken the vehicle to a Nissan dealer to be inspected, he would also have been told that by 2016 it would cost him $8,000 to buy a new battery.

So why did he not? Famous last words: “The price was great!”

Looking for someone to blame, the legal insurance program offered by his employer referred him to attorney “Elliot.”

“We’ll sue for misrepresentation!”

In their first meeting, Elliott confirmed that his fees would be paid by the legal insurance and off to the races he went, soon billing $10,000, filing suit against the pawn shop in early 2017 and leaving Teddy with the impression that, even if the seller had made no misleading statements – and had no reason to know of the Leaf’s condition — they would settle instead of defending the baseless suit.

Then, the attorney had no further communication with Teddy who was referred to our office by his legal insurance, bringing “The only thing Elliot’s office had in my file – a copy of the five-page lawsuit.”

Searching his county’s Superior Court’s website, we found the suit, as well as the fact that his lawyer was fined by the court for refusing to appear at a Show Cause Hearing. He did not have the lawsuit served on the defendant and ignored a court order to do so. This guy’s online reviews should have scared Teddy away, but once again, he did no research.

“Teddy,” we asked, “How could you go along with this if you knew the seller did nothing wrong?” “I trusted the lawyer, thinking he knew more than me. I mean, he’s a lawyer, after all! I just wanted my money back.”

Lacking probable cause can lead to malicious prosecution

Before a lawsuit is filed, the person bringing it and their lawyer must have reasonable grounds –probable cause – to think it is legitimate and has a chance of winning. When you know that probable cause does not exist, this is Malicious Prosecution.

If a suit is filed in bad faith where your purpose is to extort money from the defendant, we call this Abuse of Process.

The consequences for Teddy could be serious if the matter went to court and he lost, as the pawn shop could recover their attorney fees from him.

Employment background check would discover the suit

“When the suit is discovered in an employment background check, any employer would question his lack of good judgment and apparent immaturity in failing to exercise due diligence before buying the vehicle,” Santa-Maria, California-based private investigator Riley Parker commented.

He concluded, “Teddy bought a pig in a poke, got into a mess and his solution is to sue somebody. Would you want someone like this working in your company?”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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August 29, 2015 • By Dennis Beaver

Our recent articles on ways of improving attorney-client relationships led to highly positive reader feedback from across the country, including a request from a Southern California Bar Association that we serve as a fee arbitrator in one of their cases where an attorney’s competence was the issue.

For lawyers, our Rules of Professional Conduct require competence, “Having the learning, skill, mental, emotional and physical ability necessary for the performance of the service.”

In this case, a Southern California lawyer took $3,500 from a mother wanting to protect her son from an abusive father, and even when faced with clear evidence of incompetence, still maintained that everything was done correctly.

In October 2013, Rosa learned that her husband had beaten their 8-year-old son with a belt, leaving bruises all over his body. She took photos and made a video on her webcam which had a time/date stamp. Justifiably fearful of repeated behavior, hubby was tossed out of their home that night. They later reconciled, and there were no further episodes of abuse.

In September 2014, the husband moved out and Rosa hired attorney “G” for a divorce. With the memory of that beating still very much present, she wanted custody and supervised visitation.

Without asking her specifically when the beating took place — or giving her the chance to bring in the webcam — G recommended applying for an Emergency Order, which could be obtained within a day or two with a few hours notice to her husband.

Family law attorneys who read this column will immediately recognize that Rosa’s case did not qualify for such a court order, as Family Code section 3064 requires:

(1) A showing of immediate harm to the child or the immediate risk of being removed from the State of California;

(2) Immediate harm to the child includes acts of domestic violence of recent origin or show a continuing pattern of violence.

Rosa’s signed Declaration revealed that she knew of the beating “a few months ago” from talking with her sister, who had first seen the marks. If G had taken the time to read the declaration — or knew the law — a voice screaming, “Don’t File These Documents! Even if you get your order, it will be set aside!” would have been heard.

Written retainer ‘an example of what not to do’

We had G’s 11 page unsigned retainer reviewed by an attorney who serves a large, Southern California Bar Association as a fee arbitrator, who commented:

“This retainer is an example of what not to do! The only thing lacking were nails with which to crucify G’s clients, with, for example, this completely unenforceable language: ‘We charge $3.50 per page for fax received and $.50 per page copied. If client walks in without an appointment to speak with attorney or staff, a $100 fee will automatically be added to your bill.”

Because G “Was so busy and couldn’t wait to get me out of the office to see other people, the retainer was never signed — they just handed me the document — which was filled out–and then said “That’s it for today,” and I left,” a lucky Rosa explained.

An unsigned a retainer has no legal effect, the lawyer only entitled to “the reasonable value of services performed.” This can be far less than the amount stated in the retainer.

Order obtained – and later set aside

With the Emergency Order, G properly filed a divorce petition, and off to court they went, the requested supervised visitation and custody was ordered because husband never got notice. Despite being given three phone numbers to reach him, G’s paralegal tried only one.

Shortly thereafter, the order was set aside and G dropped Rosa, which was a good thing as then a competent lawyer was hired. Justifiably feeling ripped off and wanting some money back, she applied to G’s Bar Association for Fee Arbitration.

Nice but incompetent

Our office was asked handle the arbitration, and we asked other family attorneys in the same town about G’s reputation in the community. “Nice but incompetent,” we were told, repeatedly.

Showing up late, there were other surprises, such as double billing, excessive charges, even a $10 for a 30-second phone call to his paralegal from Rosa.

Though maintaining that “everything was done correctly,” when we asked if some refund was in order, immediately over half of the money paid was offered and Rosa accepted.

With the local bar association flooded with complaints about G, one day there may be no clients to complain.

Competent, ethical lawyers put the interests of their clients first and have little tolerance for these kinds of behaviors.

The smile on Rosa’s face said it all.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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California Superior Courts report that an incredible 90 percent of divorces are now being handled by at least one of the parties without a lawyer, in Pro Per. Frequently cited reasons are that we are too expensive and often drag cases out just to run up the bill.

Having practiced family law for over 20 years, and for some reason never asked to become a member of the “Good Ol’Boys and Girls You Scratch My Back and I’ll Scratch Yours Divorce Lawyers Club,” I am in a good position to agree with the following statement:

“There never was a justification for the outrageously high hourly rates we had been demanding. Also, the conflict of interest between client and attorney in divorce is enormous. What’s financially good for our clients – a speedy, fair resolution – is bad for our bottom line. And when clients run out of money, cases suddenly get settled,” maintains a colleague who is a certified family law specialist, in practice over 30 years.

“The battle for paying clients – that 10 percent who have money for a lawyer – is as fierce as anything you can imagine in the business world. If I didn’t have my Air Force retirement, I’d be in real trouble!” he added.

With that as our background, Hanford readers Ron and Peggy’s story is a textbook example of just how bad it gets and a look at some of the warning signs.

Am I my lawyer’s retirement fund?

“Something has really been bothering me about my divorce lawyer. I am wondering if he considers me as his retirement fund. In fact, in talking to my wife, Peggy, about this, we wonder if both attorneys look at us as Mr. and Mrs. Santa Claus!”

“The only thing that she and I have been able to talk about recently without getting into an argument is just how much this divorce is costing us. We are both teachers, earning the same income and are paying our lawyers individually, so this is truly shared pain. In an odd kind of a way, these unending attorney fees and constantly going back to court have now forced us to question the legal advice we’re given,” he wrote.

“We will be in Bakersfield for a business matter, and would really enjoy dropping by and discussing this with you. I think there is a story here and a way to help others avoid what happened to us. Thanks. Ron.”

As soon as his e-mail came in, I phoned Ron and asked if we could get his wife on a conference call. Shortly the three of us were comparing notes. When they gave me their lawyers’ names, it was deja vu all over again. “You have two attorneys who deserve an Academy award in the category of creative, excessive and unconscionable billing practices,” I stated to a clearly fuming, now closely allied couple in the middle of a drawn-out, unjustifiably expensive divorce.

I asked them to scan and e-mail everything they had, whatever their lawyers had sent them, and especially the retainer agreements, but I had just one more question that I needed answered: “At the beginning of the divorce, what was the fight all about?”

Their answer floored me. “We both came to the lawyers with an agreement all worked out, and it was they who insisted on turning this into a monster!”

Clear evidence of violating the law

Beginning with the retainers the couple signed, and carrying right through the paper trail, this divorce was one of the most glaring examples of “churning” that I have seen. What should have been an extremely simple divorce was artfully converted into something that I can only describe as sick. For one of the lawyers, it began with his retainer agreement.

Anytime a case will likely cost more than $1,000, California law requires a written agreement. Until the lawyer actually performs services, any money paid must be deposited into a client’s trust account. It is not the lawyer’s money until earned. It cannot legally be deposited into the lawyer’s general account.

Yet, one of the retainer agreements stated that all funds will be deposited into the general account and may be used regardless if services have been performed or not!

Both retainers listed hourly billing rates, yet stated that all monies paid are “non-refundable.” This is absolutely wrong and has gotten more than one attorney in trouble with the state bar!

When a lawyer is billing on an hourly basis, any unused funds must be refunded to the client. Both of these guys had the nerve to state in bold letters, all fees paid are non-refundable.

But things got even more interesting, as you’ll see next week.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Last week, we told you the story of a law student with a part-time job in a San Francisco law firm. He discovered lawyers were performing unnecessary and costly legal services after clients told them to stop all work.

When an attorney does work merely to run up the bill, this can result in criminal prosecution and the loss of the license to practice law.

Here, someone found out — a gutsy law student who we put in touch with the State Bar of California. But if you think these kinds of billing practices are extremely rare — think again.

“While not an every-day event, we do get calls like this from legal secretaries, paralegals, law clerks, and lawyers who have uncovered the same thing in their own firms,” a State Bar investigator told me. “It is reassuring to find many people in law who will not tolerate illegal activity in their own offices. We accept anonymous complaints and do investigate,” she told me.

Obviously, ethical lawyers do not victimize their clients, and I believe that most lawyers do not play overly fast and loose with their bills.

The real problem is that so much legal work can be done out of the client’s presence, it can be difficult to know the time really spent.

The real question: “How can I reduce the chances of either a billing dispute or becoming a victim of inflated or downright fraudulent billing practices?”

I put that to a couple of lawyers who have written extensively on this subject and also maintain an interesting Web site: Calattorneysfees.com – blog. They are Marc Alexander and Mike Hensley, who practice in Santa Ana.

Their work deals with auditing attorney’s bills — determining if they are reasonable. This has put them in a key position to see what happens when clients understand the power of one document: The retainer agreement.

“It’s your contract with the attorney, setting out the scope of services to be performed, and payment terms the client accepts. Where legal services are expected to exceed $1,000, the law requires a signed, written retainer,” Attorney Alexander points out.

“Most clients do not realize that a retainer is not a take it or leave it matter. When you are handed a retainer to sign, take the time to read it. If you need time to study it, or want family members to look at it before signing, most lawyers will have no problem with that suggestion. But if a lawyer refuses that request, find another lawyer,” he stated.

“It is extremely important to understand that clients always have the right to negotiate, modify, or insert language in this contract-terms that are important to them. Especially if your case could become complicated and expensive, just as you would in having your home remodeled, you need to look at ways of placing controls on how money is spent.”

Specific suggestions

“Suddenly receiving a $5,000 bill for a deposition with no idea it would cost that much, or if it was necessary, is enough to raise anyone’s blood pressure. To prevent surprises, it is reasonable to require an explanation why a deposition is needed and for your approval plus a cost estimate, well in advance. You need to establish a budget, and insist on being told when it is being used up. In short, you have to monitor your bills, and provide for that in the retainer agreement,” Mike Hensley added.

“Don’t just pay the bill. Look at items, the time put in, and if you have questions, call the attorney and discus it while the issue is fresh. You want bills in a detailed manner, for example, in tenths of an hour.”

“Watch out for block billing. This is where you have a string of activities and then one time entry, such as: Review and analyze pleadings, first draft of XYZ, prepare document for filing — total six hours. This kind of bill makes it impossible to determine what tasks were performed and how much time was taken per item. It is an invitation to bill padding,” both lawyers stressed.

Next time — Developing a better relationship with your lawyer. The importance of being proactive.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Regardless of what area of law an attorney specializes in, this is a high-stress occupation. Law is a “people” business; people and problems, often of their own creation, many expecting the attorney to “fix” it with one phone call.

In terms of the numbers of lawyers with problems, you could say that we are not a happy bunch of guys and gals. Here’s something that all clients should consider:

A study published in the January 2016 edition of The Journal of Addiction Medicine confirmed “a substantial level of behavioral health problems among attorneys and revealed the cause for great public concern, with 28 percent of attorney reporting significant levels of depression, which is much higher than the general population.”

Additionally, the study found that “Between 21 to 36 percent of licensed, practicing attorneys can be considered as problem drinkers. Seven percent is the rate in the non-attorney population.”

So, how “together” is your lawyer? Ever wondered if you were being represented by an attorney who suffers from depression, drug or addiction problems? What are the signs that you can’t afford to ignore?

And if you suspect that’s the case, what should you do?

Just ask Brian Cuban those same question. Right, Cuban, like Mark Cuban, owner of the NBA’s Dallas Mavericks, and one of the Voicemail “shark” investors on the ABC reality television series, Shark Tank.

Brian is his brother. And Brian is a lawyer, a recovery advocate who tells a compelling story in his book that I could not put down, The Addicted Lawyer, published by Post Hill Press.

For the many lawyers who read this column, especially managing partners in law firms, give a copy to each attorney, as the odds are overwhelming that somebody in your firm could be very much as Brian describes himself, or knows someone who is. They can be helped. That’s his message, so well stated.

Blown away by our interview

On a phone call, how would you expect a 56-year-old man to sound, who describes himself as being mentally tortured by his mother for being overweight, having zero self-image, considering himself a fraud, a failure, alcoholic, and a drug abuser since his teenage years with three failed marriages?

I was expecting the voice of a wimp. Was I blown away!

Brian is engaging, articulate, funny, open and dedicated to helping professionals recover. He is a powerful speaker and his life, as reflected in The Addicted Lawyer, is a gift to the legal profession.

Warning signs something’s not right with your lawyer

Brian observes that lawyers tend to be very good at hiding their behavior from clients.

“Lawyers who are alcoholics or drug abusers can be very good at masking their behavior for a long time, and you see this through all sorts of excuses, blaming everyone else when things go wrong. What comes to mind immediately includes:

1. Missing hearings;

2. Not returning phone calls;

3. Voice mail that stays full;

4. Not returning correspondence.

5. Not being paid from a personal injury settlement as the lawyer has used the money for drugs and alcohol.

General appearance is often horrible

“When you are still drunk or hungover you don’t show up,” Cuban points out. “When the addiction is driving your behavior, work becomes secondary and you figure that you can manipulate your way out of it. The client may not find out until there is a legal consequence, such as a dismissal of the case, a default judgment, or being sued for unpaid medical bills.”

Definite signs that things aren’t right can be seen and smelled, as Cuban knows from personal experience.

“I can’t tell you the number of times my appearance in court or at a mediation was unkempt and I reeked of alcohol from the prior night of drinking. Rarely was anything said by anyone, and that is part of the problem facing clients and colleagues, denial or fear of speaking up,” he points out.

If things seem bad to clients and other lawyers they probably are – Act!

When asked what he regrets most about his past, he states. “It’s the collateral damage that I caused to so many people.”

Cuban feels that when other lawyers see this kind of behavior they need to speak up, both to help the attorney who they suspect is impaired, innocent clients, and the legal profession.

“Clients should confront the lawyer with the facts of what they are seeing, for example, ‘You have not returned my phone calls, failed to show up for a hearing, what is happening with you?’”

“Protect yourself,” he insists. “If you have a sense things are bad, they probably are, get a new lawyer before it is too late.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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The day that someone comes into our office and says, “Beav, things are great at home, the wife is happy, our kids are doing well at school, and I love my job,” I will pick up the phone and dial 911, as, clearly we’ve got a lunatic on our hands. Happy people just don’t generally walk into a lawyer’s office.

(It’s either that, or I am hearing voices and need to be taken away!)

Usually, the person who seeks an attorney is in deep trouble which, either they caused, or are a victim. If looking to get out of misery which, purposefully, through negligence or “mistake,” they caused themselves — and others in the process — some can be a real handful, making it difficult to help.

The one human quality we can all agree on is consistency. Honest, responsible people generally remain that way their entire lives.

So do irresponsible, dishonest, manipulative people.

Both types sometimes need lawyers, and both, at times, wind up in fee disputes which find their way to Bar Association Sponsored Attorney Fee Arbitration.

While there are many instances of lawyers who do overcharge, seen through the eyes of experienced attorney fee arbitrators, some high fees are the result of what the client has done, or failed to do.

Aaron Shechet, along with wife law partner, Leigh Chandler, are an accomplished legal duo frequently serving the Los Angeles County and Santa Monica Bar Associations as fee arbitrators. They are friends of this column and, as you will see, a great source of common sense for anyone involved in litigation.

“It does not matter what kind of a case it is, lawyers need their client’s help and cooperation,” Shechet stresses, adding, “A mistake we see repeatedly is looking at the lawyer as a burger flipper, just another employee, someone I am paying to do the job and I want nothing to do with the details.”

Leigh Chandler describes the characteristics of the client with a “burger flipper” mentality:

“Clients need to understand that it’s their case. The lawyer is their representative, there to help. But lacking active participation and cooperation, very good cases can easily be lost, and we’ve seen this lead to fee disputes.

“For instance, a client who fails or refuses to participate in the Discovery process which requires production of certain documents and providing written answers to questions asked by the other side. If incomplete or not submitted within a certain time-frame, Courts can and will dismiss the case.”

Shechet adds, “Just picture the frustrated lawyer whose client has a good case, but who refuses to show up for a scheduled deposition, respond to phone messages or letters and will not meet face to face, resulting in the case being lost, or merely just a total disaster and then blames the attorney!

“What is so interesting for us about being fee arbitrators is that we are conducting something like an autopsy. We learn what killed the case or the attorney-client relationship. Often, the fault lies with the attorney. But frequently, it is a client who is making the same life mistakes that got him into trouble in the first place: not dealing with the underlying problem, sticking their head in the sand and then screaming that they are being overcharged by their lawyer.”

Chandler observes, “Sometimes the client cannot or refuses to understand that lawyers earn their livelihood by selling time and advice. The client has to respect this economic reality — but a problem client might show up late for a scheduled meeting or not at all. Yet, the lawyer set aside the time.
“This will often result in a fee dispute, where the client tells the arbitration panel, ‘but we never had that meeting, so why did I get billed?’ ”

The massive amount of lawyer advertising where million dollar verdicts seem to be a given tend to distort what many people feel their case is worth or how easy it will be to win. Shechet cautions that large verdicts are not that simple:

“Fee disputes can arise from a client’s denial of the possibility of losing, and an unrealistic expectation of the justice system. Trials are not lotteries although television makes it seem so. Many factors combine to cause some clients to only see the strength and not weaknesses of the case, thinking that a trial is like a game of poker.

“Having observed numerous fee disputes and legal malpractices cases, we see two significant mistakes clients make that lead to problems. The first is a failure to listen to their lawyer’s advice — really listen and think about it. The second is a failure to follow it.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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January 13, 2026  • By Dennis Beaver

Today’s story is an example of the old saying, “When the cat’s away, the mice will play.” In litigation, you are the cat. Your attorney’s large law firm is the mouse that bills you thousands of dollars in unjustifiable and grossly inflated — read: fraudulently inflated — attorney fees for “billable hours” your attorney did not work, but their firm made doing this the only way to remain employed.

In the mid-1900s, in an effort to increase incomes, the legal profession went from fee schedules in which creating a will, defending a DUI or handling a divorce would cost the same no matter how many hours it took, to the billable hour.

In 1958, the American Bar Association recommended a reasonable 1,300 yearly billable-hour goal, which meant a lawyer could be home for dinner with the family and lead a normal life.

Today, massive, heartless, soulless Big Law firms (and many midsize ones) require 2,200 or more billable hours, which translates into being at work 60-plus hours a week, or 10 to 12 hours a day, five days a week and often on weekends. This invites billing for time not spent on a client’s matter, also known as fraud.

This marathon destroys families and leads to multiple divorces, burnout, depression and substance abuse.

As Lyle Sussman, professor emeritus in the College of Business at the University of Louisville (and a friend of this column), puts it, “I have consulted with executives across many industries. It is ludicrous to assume that anyone assigned to high-risk, high-reward work can consistently devote 60 hours per week without experiencing declining energy, commitment, efficiency and morale.”

Withdrawal symptoms are appearing

If you are engaged to a lawyer who has been offered a job at one of these firms, ask yourself, “How happy will I be when having dinner with my spouse and kids is impossible? Do I want to be with someone who works in a sweatshop and is married to the firm?”

Well, today, the legal profession is starting to experience withdrawal symptoms as its drug of choice — overbilling clients — is being challenged by AI’s incredible time-saving abilities.

“AI is creating seismic disruption in industries built on the scanning, collection, synthesis, formatting and reporting of data,” Sussman says. And that includes the legal profession.

(For a fascinating history of billing fraud and how we got here, you can check out the article “Bill, Baby, Bill: How the Billable Hour Emerged as the Primary Method of Attorney Fee Generation” by Stuart Pardau in the Idaho Law Review. Another article, by Nancy Rapoport and Joseph Tiano Jr., both friends of this column, worth checking out is: “Fighting the Hypothetical: Why Law Firms Should Rethink The Billable Hour in the Generative AI Era,” published in the Washington Journal of Law, Technology & Arts.)

A real-world example

“Taylor” phoned my office from Little Rock, Arkansas, and was upset.

“My lawyer billed 12 hours for discovery in a simple debt lawsuit,” she said. “Her invoice listed ‘drafting interrogatories, requests for admissions and related written items,’ copies of which I have. We are both country gals, but these are written oddly, not the way people usually speak — they are just too polished.

“Would you please go over them and tell me what you think? I know she is being considered to become a partner in the firm, but before this, I never saw anything that raised a doubt.”

I agreed and asked for the particulars of the case — amount, services or product sold, location, date, parties and court jurisdiction.

I looked over what she sent, and Taylor was correct. The discovery requests didn’t “sound” normal. So, I ran them through three different online AI checkers. Bingo! The AI checkers indicated the documents were 88% to 95% created by AI. (For the record, AI checkers can sometimes flag original content as being created by AI, which is why I used three different tools.)

Next, using a free AI resource, I entered Taylor’s details and specified that I wanted content that was “at a sixth-grade level.” I hit enter, and almost instantly, beautifully written documents appeared. It would have taken me hours to draft the same things.

Clearly, Taylor needed to discuss the billing issues with her lawyer (we’ll call her Amanda) and challenge the number of hours. I gave Taylor tips on how to come across with a positive attitude.

A proper way to challenge the bill

• State the issue factually. This will avoid confrontation and keep the focus on the issue, not Amanda’s integrity or honesty. Taylor could say, “The discovery requests appear to have been generated by AI. As it produces drafts almost instantly, I don’t understand the several hours billed for them.”

• Ask for an explanation, but don’t make an accusation. She could say, “Can you show me how that time was calculated — what work went into the discovery that was not AI?” Let’s assume Amanda does this but can’t justify the time billed.

• Be clear and reasonable in your request for a reduction. Taylor could say, “My understanding is that bills for professional services need to reflect the actual time it took to do the work. AI is a great tool, but doesn’t the bill still need to be accurate? Can you help me understand it, or” — giving Amanda an out — “perhaps did a paralegal or secretary not realize that AI was used and billed a standard amount for the work?”

• If you get a refusal to adjust the bill, remain polite and calm. “Well, anyway, it is always a pleasure to get together with you, as we have known each other all these years, so I will discuss this with my CPA and a friend who’s also a lawyer” — the idea is to refer to another authority — “and get back to you on a resolution and whether to continue our relationship.”

Should Taylor change lawyers? Based upon my experience, yes, she needs to obtain a new lawyer. She could contest the bill with her local bar association’s fee arbitration, but even if they order a reduction, once trust is broken in the attorney/client relationship, doubt will remain forever.

This is true even if her attorney comes clean and apologizes; she’s already made her character clear. You can’t trust a lawyer who has tried to cheat you.

The billable hour has become a liability

An AI tsunami has hit the legal profession. Document review, once requiring weeks of several junior lawyers’ billable time, can now take just hours, creating an existential challenge as branches fall off the money tree.

If lawyers take a giant leap back to a time of fixed or outcome-based fees, it will be a cultural earthquake, where retention and advancement, based on “hours billed,” become meaningless.

Partner compensation dependent upon individual billings must be rethought.

Instead of fee-generation as their goal, lawyers might actually think about helping clients solve their legal problems without running up the bill.

And the billable hour may find itself in a museum display case.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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