Legal Question in Credit and Debt Law in California

First, please understand that nobody can give you specific advice on this matter without first reviewing the retainer agreement you had with your attorney, the correspondence with your attorney and the billing records. It is almost impossible to opine that you've been overbilled, or that the attorney breached her duty without reviewing that and other information. Cutting to the chase of your question - can you pay less-than the attorney is demanding, assuming her retainer agreement is in order, and that there was no inappropriate billing or over charging, then the attorney has the right to cease work on your behalf if you do not pay your bill. Pressumably it is billed "net 30," meaning payment is due in full within 30 days of it being billed. Any accomodation the attorney makes is at their discretion, so no, she does not have to accept less-than the $1,000 per month she is demanding.

If you feel that she has not represented you properly (i.e., lived up to the applicable standard of care in a case such as yours), then you need to decide whether or not you want to pursue a malpractice claim against the attorney and/or file a complaint with the State Bar Association. The statute of limitations on such a claim is very short, and starts to run when you determined, or reasonably should have determined that your attorney failed to live up to the applicable standard of care. In a case like yours, I've seen it argued that the statute of limitations starts to run as soon as you believed that your attorney did not get the results you felt you should have received, or that were promised. This means it may be running already. I have not undertaken to research the specific statute of limitations for such a claim, nor will I, but just know that you could be forever barred from seeking such relief if you don't act immediately. Finally, if there is a dispute over fees, your attorney must give you notice of your right to seek fee arbitration through the State Bar Association. Be aware, however, that the kinds of fees you are talking about for a "pretty intense custody battle" are probably right on par for what other attorneys would have charged. It is not uncommon for fees in contested custody matters to greatly exceed $10,000.

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