Legal Question in Appeals and Writs in California

judgment

I hired a attorney for divorce. Within 9 months she charged me over $7,000. only three hearings were set, one of which I missed she did not inform me of.

I went through arbritation $1,000 of over charges were found. I fired her because she was charging for fee she had previously charged me for and she did not contact me for almost 4 months.

I was and continue to make monthly payments to her.

She took me to court and a judgment was set against me. I explained to the judge that I have been making monthly payments and wanted to know if I could continue with the amount. He said it was between her and I. She said ''sure.''

Two months later I recived a letter from my bank stating a levy is on my account. She also sent me a bill charging me for court and levy fees.

Help me please is there any legal steps I can take to appeal her actions? I've paid $4,000 balance $3,600.

oh buy the way I didn't get the divorce I couldn't afford it. My husbands lawyer charged him $1,500


Asked on 5/26/04, 3:40 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: judgment

You should consult an attorney to see if you might still have the right to sue your former attorney for malpractice. Probably you should have done this already, and possibly the one year statute of limitations (measured from the time she stopped representing you) is up. Possibly you had to raise this claim in the form of a countersuit (cross-complaint) at the time you were sued. Possibly you had the right to request a State Bar fee arbitration at the time you were sued. Possibly you might still be able to complain to the State Bar, although this would not eliminate the judgment against you. Get legal advice (real legal advice, not Internet "legal advice"). As far as appealing the judgment, probably you had only 60 days after the judgment to appeal, and probably an appeal would not have been the correct course of action.

Read more
Answered on 5/26/04, 7:50 am


Related Questions & Answers

More Appeals and Writs questions and answers in California