As a great deal of the work lawyers do takes place out of sight, this permits bill padding — charging for work that was never done or at an outrageous and unconscionable rate for that which was performed. Estimates of fraudulent billing run from 21% to over 33%, depending on the research methodology. For many lawyers, the “billable hour” is an invitation to theft.
State bar investigators as well as conversations I’ve had with bar association attorney fee arbitrators have told me that with the glut of lawyers in some areas of the country, complaints of bill padding in recent years have increased. They cited law firms’ excessive bills for attorneys with so-called expert ability when, in reality, some were fresh out of law school.
