Legal Question in Construction Law in California

I had a contractor build 1400 sq ft onto my home. The contractor caused over 150k in damage and abandon my project incomplete. I hired an attorney to sue him and the week before the trial the contractor filed for BK. Nothing has happened for me with this attorney in the almost 2 years that he was hired to get this contractor. The attorney bill is almost 100k. With no hope of recovering anything from the contractor, I have tried twice to stop the attorney from going forward because I can not afford to pay his fees. He sends me letters telling me what a GRAVE MISTAKE I am about to make and says we should continue with this. The attorney wants to continue to get the BK Court to recognize me as a person who this contractor owes money to.

I can not pay these attorney fees. I was going after the contractor for the attorney fees as well, but now, the contractor has nothing, no assets or property, and there is no judgement, what options do I have to get relief from these attorney costs?


Asked on 9/04/09, 7:08 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Let's see; based on a Zip of 94577, I'd guess you are in Alameda County. One approach would be to open a fee dispute through the Alameda County Bar Association. Go online to www.acbanet.org and look at services to the public, then fee disputes, for lots of info.

Business and Professions Code sections 6200 through 6206 provide for mandatory arbitration of attorney-client fee disputes upon application by the client. Among the relief the client can obtain is the reimbursement of excessive fees already paid.

Do you have a written fee agreement with this attorney? One is required, and if there is none, that'll be very helpful in reining him in and getting relief. If there is one, we would need to review it to see if the fees and services are within its scope. Even if they are, the fees may be uncollectible, or refundable, if they are unreasonable.

A suit against him for legal malpractice would also be a possibility, but this sounds more like overcharging than actionable malpractice.

Also, I should point out that (a) a client can "fire" his or her attorney at any time, and go in pro. per. or hire another attorney, and (b) an attorney cannot hold a client's files hostage for payment of fees, but must turn them over promptly to a successor attorney or the client if in pro. per.

If you would like some help analyzing this situation for fee arbitration or even malpractice, I'd be willing to do so for a very modest flat fee or ???

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Answered on 9/04/09, 10:05 pm


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