I am mailing out five letters this month to clients where I am officially starting to take steps to w/d as their attorney of record before the Nursing Board because of non-payment of legal invoices. "Taking steps to w/d" is required by the ethical canons.
I understand we are in living in lean economics times however I still expect to be compensated for the legal services provided. I recognize that legal services are low on the list of bills to be paid when working with individual clients.
But guess what? I don't hesitate to w/d from cases because in 98% of my cases I make payment arrangements with nurses after payment of the 1/2 of my flat fee in licensure defense cases. Some pay in a timely manner and others don't.
After three months of failing to pay invoices, I send the correspondence noting that I am taking steps to w/d. After I w/d, I mail an accounting of legal services provided (research, meetings, etc.), a refund (if any is due), and refer the nurses to the Bar Association attorney referral service.
I find that it is better to terminate a non-paying client than to let it roll on and on because after several months of non-payment, you probably won't collect anyway. I don't sue clients fees because as a nurse I couldn't imagine suing another nurse especially when I can terminate the attorney-client relationship and move on.
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