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We are in the process of adopting our son. :woohoo: However, we wanted to know our rights as adoptive parents. The attorney is charging us for expenses that we didn't even need/use such as arranging hospital arrangements for the BM but the BM is covered by her insurance and she didn't contact the attorney until after the baby was born. Should I be charged?
I am very grateful for having my son but I just don't want to be nickle and dimed. Our adoption expenses are high as it stands already.
Thank you!
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Blessed, To the best of my knowledge no lawyer can charge for services not provided. If the date of birth was prior to you contracting his services then something is seriously wrong in my opinion. I am not a lawyer. I am assuming your adoption is taking place in CA and found the following links below. Kind regards,Dickons This page gives you some specfic things to do.[url=http://www.calbar.ca.gov/]The State Bar of California[/url] Current rules regarding fees below.[url=http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule4200.aspx]Rule 4-200 Fees for Legal Services[/url] (A) A member shall not enter into an agreement for, charge, or collect an illegal or unconscionable fee. (B) Unconscionability of a fee shall be determined on the basis of all the facts and circumstances existing at the time the agreement is entered into except where the parties contemplate that the fee will be affected by later events. Among the factors to be considered, where appropriate, in determining the conscionability of a fee are the following:[LIST](1) The amount of the fee in proportion to the value of the services performed. (2) The relative sophistication of the member and the client. (3) The novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly. (4) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the member. (5) The amount involved and the results obtained. (6) The time limitations imposed by the client or by the circumstances. (7) The nature and length of the professional relationship with the client. (8) The experience, reputation, and ability of the member or members performing the services. (9) Whether the fee is fixed or contingent. (10) The time and labor required. (11) The informed consent of the client to the fee. [/LIST]
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Depending on the plan, the bmom's insurer may go after the APs or their insurer for coordination of benefits, especially if TPR occurred while the infant was still in the hospital. In health insurance, the conditions around payment of neonatal services can be tricky. That may be a legitimate expense, depending.
It depends on what you are paying he attorney for. If the attorney's fees relate to determining your taxes, you can deduct them. Fees for writing a will are probably not deductible. Ask the attorney. Compared to whatever else you paid for, this should be an inexpensive question. [URL="http://www.superlawyers.com/california-southern/lawfirm/Sessions-and-Kimball-LLP/30d7a57c-9ecb-4f33-9ea0-611694356c84.html"]Sessions kimball law[/URL]