He also suggests attorneys “clearly set out the goals and expectations for the job so everything is clear.” It can be delicate, yet annoying, when clients don’t pay their legal bills, and there are important matters for the lawyer to consider when clients don’t pay.

• Can the attorney withdraw from the case for non-payment?
• Is it ethical to do so?
• Is the client going to left vulnerable if the lawyer withdraws for lack of payment?
• Did the written and signed fee agreement detailing the professional relationship between the attorney and client specify what the lawyer can do if fees aren’t timely paid?

Kaufman offers another suggestion for attorneys seeking to avoid having to engage in collection efforts against late or non-paying clients. One is a “good invoice that is specific, well-written, legible and itemized (providing a) description” of the work completed on the client’s behalf, he says.

Melissa Youngman, a solo practitioner in commercial collections near Orlando, offers another suggestion. Lawyers should “be vigilant” when it comes to enforcing terms of their fee agreements. It’s also prudent to create paper trails documenting work done on the client’s behalf, she says.

Accounts Receivable Blues

Attorney Yale Levy, the namesake of Levy & Associates, LLP, a busy creditor’s rights firm in Columbus, says just because a client’s payment is late doesn’t mean litigation will be the only way to collect. When a payment is tardy, he suggests contacting the errant client about the past-due account via phone or letter. The ideal goal is to resolve the delinquent account while salvaging the professional relationship.

If that approach doesn’t produce a satisfactory result, it might be time to consider hiring a collections agency or creditor's rights lawyer. The big difference between the two is that agencies can only send collection letters or call debtors to inquire about the account. While a lawyer can provide those services, too, they can also do something agencies cannot: sue for payment on the past due debt.

Oftentimes, when a delinquent client is contacted by a collections organization inquiring about a debt, they realize how determined the unpaid attorney is to get his or her money. “It shows you’re serious and that gets people to pay,” says Levy, also president of the National Creditors Bar Association.

Collections Efforts

If phone calls, letters and other legal methods of attempting to collect the debt don’t work, it might be time to sue. As lawyers know first-hand, the legal system is complicated, bureaucratic and woefully slow. Also, every state in the union maintains its own collections laws.

If the attorney doesn’t regularly practice in the collections arena, they should be wary about tackling the past due account on their own. However, if the amount due qualifies for small claims jurisdiction, even a lawyer who does not regularly practice collections law can likely handle the matter if they like.

Once a judgment is rendered, it is time to collect on the debt. Potential remedies include wage or bank account garnishments and liens on personal or real property. Again, as laws vary among jurisdictions as to potential remedies, it is advisable the lawyer consult with their state’s annotated code for guidelines as to jurisdictional amounts, potential remedies and other possible damages.

Tami Kamin Meyer is an Ohio attorney and writer.