One of our local attorneys has tried to file theft of service charges on clients who fail to pay their bill after promising to pay. He can't understand why we won't take charges. We've pointed out the constitutional problem, the mens rea problem, the credit problem and the it just doesn't smell right problem to no avail. I told him I would check with other prosecutors to make it clear it is just not me. So let me have it.

David
I don't know how to post a link but there is a thread called "attorney fees - theft of service" with a number of posts and thoughts on here.

The last conversation on this topic was here. I believe the general consensus was "no way!"

Civil matter, based on a contract, whether oral or written.

What is the difference between having a client come into your office and you have them sign a intake sheet letting them know that they owe $100.00 for a consultation and at the end of the Consultation they leave or pay with a hot check than having someone rent a hotel room or rent equipment and leave and not pay or pay with a hot check. Assuming that in both you send the client a notice certified mail etc. Most DA's and CA's are gung ho in collecting other peoples hot checks (for example $25.00 copay for local doctor's office.) Most bad debt in a law practice is civil since you continually bill them. Though while in prosecution for 11 years never had a lawyer approach me to collect a bad debt or hot check.

I went to a crim. law seminar that was put on for defense attys. One of their big topics was: how to get low-lifes to pay. Maybe you should suggest to your atty. friend that he attend one of those seminars.

A def. atty. I knew told me how he saw in the newspaper that one of his former misd. crim. clients had just been awarded a gazillion dollar judgement for being badly burned or injured in an industrial accident. He wondered why the man had not come to him when he was first injured.

Some time after this, he ran into his old client. After commisserating with him about his injuries, etc., the atty. gently asked: why didn't you come to me when you were injured?

"Look Bob!" the new multi-millionaire's face turned red, as he said, "I knew I still owed you that $100 from the last time you represented me on that DWI, and I was just too embarrassed to come face you, with my new problem. But I promise: I'll send you the $100 right away!"

My atty. friend said that since that day, when a case pleads out and a client still owes him some bucks, he makes a point of telling his client: "hey, forget that last $100 you owe me. Your case wasn't as complicated as I first figured."