This legal fee seems high

Magicfloat

Charter Member
Selling some river property.A neighbor just over the property line has a boathouse that he has to cross our land slightly to get there. We have had a verbal agreement that he could always use that little strip from now on. But since we are selling,he and I both thought an easement in writing would protect everyone. The new buyer agreed and said the lawyer drawing up the papers could handle that too. He wasn't sure if he would charge extra but if he did it would be fair if I paid it as it wasn't his problem and I agreed. The document basically is an agreement between me and my neighbor that he will have the same use he always has,from now on.Only difference is it is now in writing. He just hit me for $1500 for a 3 page document and looks like some of it ,but not all,was off a computer program. I was kind of shocked,shoud I be?
 
Selling some river property.A neighbor just over the property line has a boathouse that he has to cross our land slightly to get there. We have had a verbal agreement that he could always use that little strip from now on. But since we are selling,he and I both thought an easement in writing would protect everyone. The new buyer agreed and said the lawyer drawing up the papers could handle that too. He wasn't sure if he would charge extra but if he did it would be fair if I paid it as it wasn't his problem and I agreed. The document basically is an agreement between me and my neighbor that he will have the same use he always has,from now on.Only difference is it is now in writing. He just hit me for $1500 for a 3 page document and looks like some of it ,but not all,was off a computer program. I was kind of shocked,should I be?

A legal easement needs metes and bounds and therefore a survey. If that's all done in the price then I would say fair price, also needs to be recorded which is another fee.
 
Give the bill to your neighbor you gave him something you could have made him pay for.The least he can do is pay your legal costs
 
Don't want to do that,we have been friends for over 30 years and he looked after the river camp for us during that time for a very small portion of the rent he collected for us. It was me that told him I would keep him protected with a written agreement. In retrospect,I should have just deeded that 10' strip over to him,but after we made the deal to sell,it was too late. I'll just pay it and chalk it up to saving a 30 year friendship.
 
Just talked with the buyer. He earlier asked what he would charge for the easement,he said $400-$500. His partner was there and also remembers the conversation. They are going to call his hand on it tomorrow
 
A legal easement needs metes and bounds and therefore a survey. If that's all done in the price then I would say fair price, also needs to be recorded which is another fee.

It costs $6 to record a document here in Volusia County. A survey was $300.
 
Sounds like you're getting jacked around.
Also sounds like you are a pretty good stand-up dude.
Hope you can get this all negotiated reasonably for everyone.
Sounds pretty stupid for the buyer to go into buying and pizzing off the neighbor before he's even signed the papers.
 
If I took in a boat for service and told the owner $400-500 to fix it,and then discovered a more serious problem that I had not discovered and it would cost $1500,I would be ethically obligated to call the owner and say,look,it is more serious than I thought,do you want me to proceed?I would never triple my original estimate without contacting the client.Maybe this lawyer will one day bring his boat to our shop for service,that would be fun.
 
I typically pay $250 per hour for my Yale-educated attorney with 30 years experience. He does very little research on documents such as these as they're very basic and common. He typically pulls the previous one up and changes the details. If he billed me 3 hours, I'd be shocked. My guess would be about half.
 
I typically pay $250 per hour for my Yale-educated attorney with 30 years experience. He does very little research on documents such as these as they're very basic and common. He typically pulls the previous one up and changes the details. If he billed me 3 hours, I'd be shocked. My guess would be about half.


If I was your lawyer a few things would come to mind:

1. Damn this guy is smart
2. He sure does have a lot of weapons and the knowledge to use them
3. Did they catch the real Ted Kaczinski?
 
This is a Bessemer,AL lawyer,not a big city lawyer. I did find out he charges $200/hour.So this 3 page document took 7-1/2 hours? Yeah,right.This may get interesting tomorrow.
 
I'll be interested to hear how this plays out.
Please keep us posted on the outcome.
I think you are doing the right thing, and questioning only the unreasonable.
I hope you come out well in this situation, and also your neighbor/friend.
 
Having been invited by Robert (Magicfloat) to check out this thread, as a small-town lawyer, let me reply.

To borrow a quote from my friend, Hank Williams, Jr., "you were getting screwed and you wasn't getting kissed."

A simple ingress/egress easement in Cullman, Alabama, would set you back $150 to $250 tops. Add a "big city" premium for having to use someone in Bessemer/Birmingham, $350 to $400 tops would probably be fair.

I'll admit to setting fees, at times, based on what the market will bear. A well-to-do business owner getting caught diddling the secretary is probably going to get popped a tad harder for his quicky divorce than the street department worker, who probably will end up paying me in peas and corn. Still, the fee has to bear some relationship to the work performed.

Ask for/demand a detailed itemization of what the lawyer did and what he is charging then send it to Tony McClain at the Alabama State Bar (www.alabar.org) with a letter complaining that the lawyer is charging an exhorbitant fee.

In today's political/economic climate, it's hard enough making a living as a lawyer. Having the ambulance chasing, blood sucking leeches jumping out at every corner just makes it that much harder.

Steve Smith
Cullman, Alabama

PS: Damn, Cuda, you're everywhere!
 
Welcome, and thanks.....

Where do we send the check?????:sifone:

Kidding......I think?????
 
Thanks,Steve. BTW,there was no survey,The buyer had already paid for the main survey of the whole 12 acres. The easement document just had a general description of the 10' strip my neighbor had used for 30 years to access his boathouse.It was a verbal agreement simply put in writing as a favor to my neighbor/friend.
 
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