The first rule of striking any agreement is to always get it in writing.

Mike Rutkowski hired Crystal Lake, Illinois attorney Donald Franz to handle a property tax dispute and they verbally settled on a $400 per hour fee.

But things spiraled out of control after Rutkowski questioned how his lawyer was calculating the bill.

“Respondent sent Rutkowski a series of e­mail and text messages that stated that respondent had unilaterally raised the claimed fee, first to $500 and then to $600; threatened to sue Rutkowski to collect the claimed fee; insulted Rutkowski’s manhood and choice of automobiles; and referred to Rutkowski as a ‘small penis a–hole,’” according to a complaint filed by Illinois Attorney Registration and Disciplinary Commission Administrator Jerome Larkin, Law360 reports.

The complaint claims Franz did not address the dispute but instead barraged his client with the insults.

According to Larkin’s filing, the lawyer claims such agreements are not required “in these matters and not between men. My mistake, there is only one man involved between us. I challenge you to a duel, you pick the time, place and manner.”

Rutkowski had retained Franz to get assessed value of the property reduced from $71,739 to $70,000. The lawyer then sent him a bill for $400 with no indication of how it was calculated.

Larkin’s filing alleges Franz violated three rules of professional conduct:

• Failing to comply with a reasonable request for information,
• Failing to reduce an oral agreement to writing and by
• Using a means that had no substantial purpose other than to embarrass, delay or burden Rutkowski

Patch reports in his response to the accusation, Franz “admitted to the ‘general characterization’ of the small-penis quip but ‘denies insulting Rutkowski’s manhood or choice of automobiles.’”

“In its totality, the email is not a threat of violence or challenge to a duel, it is a threat to sue in small claims court,” Franz says.