Attorneys are accustomed to being called "ambulance
chasers" or "sharks," always interested in
increasing their fees. Even if a lawyer reduces a bill for an
unhappy client, that conduct may backfire if the client isn't
satisfied with the reduction. The attorney cannot later renege on
the gratuitous fee discount or reduction, no matter what the
reason. In a March 3, 2017, ruling, the Massachusetts Appeals Court
− the commonwealth's intermediate appellate court −
held that a voluntary "professional courtesy credit"
issued unconditionally to a client cannot be rescinded by a law
firm when the client fails to timely pay its reduced bill. It just
wouldn't be "fair."
The case, BourgeoisWhite, LLP v. Sterling Lion,
LLC, No. 16-P-45, 2017 Mass. App. LEXIS 21 (Mass.
App. Ct. 2017), arose from a fee dispute between a Worcester area
law firm and a long-term client. The firm represented the client in
a lengthy, contentious and expensive litigation. The lead attorney
advised his
