I Am Not Paying for That! Lawyers’ Bills and the Clients Who Dispute Them

Abstract

The characteristics of environmental litigation — generally spanning several years, including many potentially responsible parties, complex fact patterns, commercial agreements, and lengthy operational histories — lend themselves to both unethical, intentional billing abuses and unintentional invoicing mistakes. The complexities of environmental litigation, however, do not relieve attorneys of their obligation to accurately bill their time. This puts environmental litigators in a difficult position to simultaneously succeed at litigation and manage their clients’ largest concern — litigation costs. This article explores proper and improper billing practices, how computer-assisted e-discovery technology can keep litigation costs down, and how clear communication plays a key role in minimizing billing disputes.