Legal Question in Criminal Law in California

Friendly Let Down

I am the office manager of a law firm, and was requested to send a billing statement to a client who requested a refund of fees. We were retained to represent his wife in a DUI matter for said fee amount, and if matter matter went to trial, additional fees would then be assessed. Well, at the hearing to set said trial, we had one of our associate attorney go in to set said date. Clients husband was irate and abusive with threats of terrorist acts towards our associate because the Sr. Partner was not present to set said trial date. Therefore we were forced to file a Motion to Withdraw which was granted. Now the clien't husband want a full refund, but all fees rendered had in fact been earned and then some. But how do I write a letter to this hostile gang member that his request has been refused without fear of some sort of retaliation, whether State Bar or physical? Your immediate response would be appreciated. Thank You.


Asked on 5/16/03, 2:06 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Friendly Let Down

There should be no need to worry about State Bar retaliation. If the firm did not breach its contract (and sending an associate to a routine hearing like this is not a breach unless the contract specifically provided that this wouldn't happen) and earned the entire fee, then there has been no wrongdoing and the Bar will not sanction the firm. If the client complains to the Bar, the matter will probably be handled quickly and resolved in the firm's favor.

How to deal with the client on a personal level is another story, and depends on the personality of the client. I don't know the client at all and at least some people in your office probably do, so they are probably the ones whose advice you need.

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Answered on 5/16/03, 3:32 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Friendly Let Down

Why didn't you refer this question to the senior partner?

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Answered on 5/17/03, 12:19 am


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