Friday, December 16, 2011

Day 350 - Duty

Today's post asks for your opinion...

I found myself selected for jury duty today. I spent 9:30 - 5 secluded away from the rest of the world in court. It was an interesting and exciting experience for me, despite some of my fellow jurors feeling otherwise. I will cut to the case, and ask for your deliberation on the matter.

A law firm has brought their ex-client to court in efforts to collect unpaid fees.

The law firm and the client had a signed contract, obligating the firm to bill the client bi-weekly.

The contract stated the client would (of course) pay his bills.

The client was not billed in accordance to the contract. Instead, the client was billed 7-8 weeks late, and in excess of funds that he could afford.

The client did not pay the bill, which upon it's initial billing included interest and late fees.

While there were many shades of grey on this case, our deliberation was focused on the verdicts proposed to us from the judge. Sadly, the verdict questions were very black and white. The very first question posed, was verdict 1 below. You must answer the questions in order of which they are given.

Verdict 1
Did the law firm fulfill their side of the contract?
If your answer is no, you have completed your decision.
If your answer is yes, please continue to Verdict 2.

Verdict 2
(You are only reading this question if you have answered yes to the verdict above and agree that the law firm did everything as stated in the contract)

Did the client fulfill his side of the contract?
If your answer is yes, you have completed your decision.
If your answer is no, continue on with questions related to financial responsibilities of the client.

What did you decide?

1 comment:

  1. No, the law firm breached the contract when they didn't follow the negotiated billing procedures. They certainly aren't entitled to any late fees or interest and I would question if the client is even obligated to pay the original charges.