Legal Question in Construction Law in California

Can an Attorney Suspend my Lic. for not paying a disputed Bill?

My question is as follows:

The owner of this Construction Company had gone to consult an attorney over a dispute with a customer. The Atorney and Owner met, briefly discussed the case, and sent back a Payment Fee Agreement & Retainer request for $300.00. Owner was not comfortable with Fee's, and never signed agreement or sent retainer. Attorney is now demanding 1,900.00 for his time, and has provided no paperwork to justify this fee, just says he owes. Attorney is also threatening to have owners construction Licence suspended for non payment of his arrounious services. Can the attorney do this? and should the owner just let this go to small claims court and let the judge decide? 1,900.00 for a briefe meeting with no answers or game plan or signed contract seems a bit outragious to me, but stanger things have happened!

Thank you in Advance!!

California


Asked on 7/05/05, 4:28 pm

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Can an Attorney Suspend my Lic. for not paying a disputed Bill?

Usually, a license can only be suspended for failure to pay a judgment that is related to the construction business. For example, say that a homeowner for whom you did work sued you because the flooring you installed wasn't properly acclimated and buckled. If they got a judgment, they could turn it in to the CSLB who would then give you a few months to pay the judgment. If you didn't, then they would suspend your license. This dispute with the lawyer hasn't been reduced to a judgment and, second, it doesn't appear to be directly related to construction.

Lawyers are required to have a written agreement under most circumstances. As I recall, any services over $1000 requires a written agreement. There are a few other exceptions. It is also against the Rules of Professional Conduct to threaten disciplinary action against someone to gain an advantage in a civil action. You may want to report this lawyer to the State Bar. They'll be able to tell you whether his conduct was improper.

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Answered on 7/05/05, 4:55 pm


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