Wednesday, February 29, 2012

The LuLac Edition #1966, February 29th, 2012

WRITE ON WEDNESDAY

RESPONSE TO OVERBILLING CONTROVERSY


This week a poster sent us communication about the Attorney billing fees sent to the Luzerne County Court by Attorney Angela Stevens of Kingston. Since the Attorney and her law firm were getting widely criticized, we ran the post. But to be fair, the thoughts here are so cogent we decided to put them up on "Write On Wednesday" to be fair to the Attorney and her firm. But more importantly to provide balance to what was originally in local papers, radio, and on this site.
Anonymous has left a new comment on your post "The LuLac Edition #1959, February 24th, 2012":
I think the billing may actually have been an oversight. But when they were approved, by THREE layers of county government, including the THE WATCHDOG, county controller; it may have been interpreted by the attorney as "tacit approval." In other words, those who approve/disapprove payment reviewed the billings and did not find fault, so the attorney may have been led to believe that her billing was accurate.
Or simply, since the billing was approved and paid, she may have not realized the oversight. If you submit something that has multiple levels of approval, and it continues to be approved, why would you think you have done something wrong?
As far as the hours/day; it is not uncommon for those that bill out hourly work to add up the increments and do the billing on one day per cycle. Back in the days when the garment industry was dominant, home sewers were paid a lump sum for the work they performed. It didn't matter if the piece work was done in an hour, day or week. The work was totaled when it was delivered.
As long as she can provide documentation for the actual hours worked, there should be no issue. Does it matter if she did 15 minutes on the 3rd, the 23rd and then 30 minutes on the 30th, whether she billed on each day or one?
Additionally, it is also very common to factor all components of a work into a bill; ie, the prep,travel, postage,copying, etc... prior to the actual delivery of the bill. Her reasoning that it wasn't adjusted is very valid. It happens in all sorts of work, for the wage slaves out there who have never owned a business; think of going to a restaurant; the bread, accompanying sides, etc.. are all included in your bill ahead of time. If you don't eat them, or tell them not to bring them out, you are still charged. Just because she did the service at one time, doesn't mean that she may have not had the charges factored in prior to the actual delivery; and again, since the bills were approved, no wrong doing was indicated; and one could conclude, with so many layers of oversight, via tacit approval, that what was being done was legal.
Unfortunately, in the climate, you will all judge her based on the accusations, prior to all facts being in.

3 Comments:

At 6:56 AM, Anonymous Professor Milburn Cleaver, OPA said...

Good morning Students,

First of all, I apologize for not being available for lectures for the past many days. Unfortunately, I underwent a medical procedure that required my convalescence. I have appreciated your warm words and kindly sentiments in my abscence. Everyday I thank the health insurance and pharmaceutical companies for their doing "God's work". Where we would be without them is anybodys guess.
The business of this classroom goes forward....

Students,
After two weeks of liberal media grandstanding the ultimate reality occured last evening. Governor Mitt Romney won the Michigan and Arizona primaries outright.

I realize that there was disappointment on the faces of the liberal talking heads as they were hoping for a long drawn out bloodfest primary season. As I had predicted in earlier lectures (and I hope you all take the time to read them) Governor Romney will ultimately make it through the process unscathed.
Following next summer's convention, the GOP--INCLUDING RICK SANTORUM, NEWT GINGRICH, RON PAUL AND RICK PERRY will galvanize around Gov. Romney as loyal troops.
Gasoline prices shall range from 5.50 to 6.00 dollars a gallon and the election will have already been decided.
NO President ever succeeds in re-election when gasoline is outrageously expensive to acquire.

If this issue alone is not a red flag to the President to emulate Lyndon Johnson and withdraw from the race in favor or Mrs. Clinton, I do not know what else can deter him from bringing his party to a massive defeat in the fall.

Additionally, I wish to comment on observations made by Sen. Santorum concerning colleges. The gentleman must have been psychically channeling your humble academian as I have been stating for years that college is NOT a right to be distributed by government but a privelige to be attained by a solid/sharp mind.

Yet, the way the rag tag liberal media reacted to his statements, one would have sworn that he was denying the Holocaust, what for all of the hoopla. As Harry Truman once noted, "I told the truth and they thought it was hell."
Most of you ingrates do not belong in a classroom, but in a service industry job. When you fill a seat with no purpose you waste not only my time but the resources of the college. Parents complain about how expensive a college education is nowadays...thank the government for allowing just about any dunce to grace the halls of institutions that once stood for one thing---LEARNING. I did not say boozing, smoking crack or just plain loafing--Students, I said LEARNING>
Something to think about this morning.
Class Dismissed!!!!!!!!!!!!!!!!!!!!!!

 
At 6:43 PM, Anonymous Bluto said...

Certainly there is a certain amount of wiggle room for attorney billing error, but I don't think it's quite as much as you suppose. We don't know all the facts of the case, but I suspect this will result in a much larger examination of the practices of this and other attorneys who bill the county. (And, of course, this is the perfect way for the county manager to embarrass the judiciary into trimming costs.)

I seem to recall reading about lawyers getting into trouble for billing one client while making a long drive to court and then billing other clients for the same time, having used the cell phone during the trip. This is in that vein, and it's not going to be that simple.

And then this other guy pops up anmd submits some 150 invoices all at once. What timing!

 
At 9:04 PM, Anonymous Anonymous said...

Professor,

Your observations do not go FAR enough.

Those who EXPECT to be provided an education also are foolish enough to sign the loan papers believing that their degree will pay for the $60 to $75,000 debt. Unlike the sub-prime mortgages that adults signed, Sallie Mae debt can not be walked away from or bankruptable.

There is a generation that will "owe its soul to the government store".

 

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