Services Archives - Page 10 of 13

Preferably in Writing

The American Bar Association’s Model Rule 1.5(b) governs how lawyers state their fees. “The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation …” The exception is a regularly represented client charged on the same basis.

For a contingent fee, writing is not only preferred. Rule 1.5(c) says: “A contingent fee agreement shall be in a writing signed by the client.”

Played for Suckers

In his State of the Union address on February 7, 2023, President Joe Biden attacked “junk fees.” He said: “Americans are tired of being played for suckers.” He named airline fees for seating children next to their parents: “Baggage fees are bad enough. Airlines can’t treat your child like a piece of baggage.” His proposal also targeted hotel resort fees and concert ticket service fees.

A rule of the Federal Trade Commission took effect on May 12, 2025. For live-event tickets and short-term lodging, the total price must be shown up front. It must include all known charges and fees, and it must be displayed more prominently than any other price information.

Disputing a Charge

Under the Fair Credit Billing Act of 1974, a customer can dispute a billing error on a credit card statement, such as a wrong amount or a charge for goods never delivered. The dispute must be made in writing, no later than 60 days after the statement is issued.

The card issuer must acknowledge the dispute within 30 days. It must resolve it within two billing cycles, and in no event later than 90 days.

The Written Estimate

Under California law, a car repair shop must give the customer a written estimate for the parts and labor of a specific job. The regulation adds that the estimate “shall be provided to and authorized by the customer before any work commences.”

The shop may not charge more than the estimate without the customer’s consent. The statute says: “No charge shall be made for work done or parts supplied in excess of the estimated price … without the oral or written consent of the customer.”

Out of Scope

That’s out of scope. — The request is not in the agreed work.

That’s not included. — The list says what is.

That’ll be extra. — It can be done, at a price.

À la carte. — Each item is chosen and priced on its own.

It’s not in my contract. — The written terms set the limit.

Mission Creep

Mission creep is the gradual expansion of a mission beyond its original scope. The phrase first appeared in print in 1993, in coverage of the UN mission in Somalia. Jim Hoagland of The Washington Post used it that April, and titled a column in July “Beware ‘mission creep’ In Somalia.”

The New York Times used it after the firefight in Mogadishu on October 4, 1993, in which eighteen American military personnel were killed.

The Syllabus

An American college course begins with a syllabus that lists what will be done, by whom and by when. Penn State’s guidance for instructors says: “In essence, it is a contract between the instructor and the student.”

The University of Tennessee describes it as “an implicit or explicit agreement between the instructor and the student regarding what will be done by each party and how decisions related to assignments and interactions will be made.” Students know the answer to many questions: “It’s in the syllabus.”

What the Inspector Is Not Required to Do

Before delivering the report on a house in Arizona, a home inspector must “enter into a written agreement with the client,” stating the purpose, date, fee and any limitations or exclusions. The inspection is “visual, not technically exhaustive” and “will not identify concealed conditions or latent defects.”

The standards then list what “Inspectors are NOT required to” do. They need not report on the life expectancy of components or on cosmetic items. They need not determine the presence of “toxins, fungus, molds, mold spores, mildew, radon.”

Speak a Line

A background actor in an American film or television production does not speak. Under SAG-AFTRA rules, the job changes when “A performer is directed to speak a line.” The background performer then qualifies for an upgrade to principal performer.

The union contracts also have a name for small speaking roles: an “under-five” is a character with fewer than five lines of dialogue.

Add a Couch, Get a New Estimate

Every interstate mover must give customers a federal booklet, “Your Rights and Responsibilities When You Move.” Under a binding estimate, “you cannot be required to pay more than the amount on the estimate at the time of delivery.”

The estimate covers the goods listed in it. If the customer adds items or services and no revised estimate is agreed, “the mover is not required to service the shipment.”