N.Y.Ethics opinion
New York bar says lawyer may bill for time explaining invoices after notice
The New York State Bar Association's Committee on Professional Ethics said on 31 August 2026 that a lawyer may charge a client for time spent explaining a sufficiently detailed bill. The committee said the time is billable as counseling under Rule 1.4 when the lawyer gives advance notice, but time spent addressing a good-faith billing dispute is overhead and not billable.
Opinion (New York State Bar Association) →
Key points
- Opinion interprets Rules 1.4(a), 1.5(a) and 1.5(b) on excessive fees and communication.New York State Bar Association
- If bill is detailed and not erroneous, explaining it is counseling function under Rule 1.4, not overhead.New York State Bar Association
- Lawyer must give advance notice that explanatory time will be billed before charging.New York State Bar Association
- Repeated same questions after notice remain billable, even if requests become unreasonable.New York State Bar Association
- Time addressing good-faith dispute over overcharging or erroneous billing is business overhead, not billable.New York State Bar Association
- If client refuses to agree to pay for explanations, lawyer may decline detailed invoice discussions.New York State Bar Association
Sources2 articles across 1 outlet
New York State Bar Association