Legal Question in Criminal Law in California

My grieving mom saved $4000 walked in a attorney Rooney's office for an appointment. We waited an hour he never showed then did a phone interview. He told us he could not help us with out money my mom who did not know better handed his secretary $4000 he never had us sign a retainer agreement. He said he would go visit my brother in solidad prison I asked him why when he could call him with a legal call. His response was he didn't want to talk about case on phone. We hired him to look into new evidence from a declaration we had from a witness. She went in his office and did a audio statement how DA offered her a deal on prior felonies to testify against my brother. Well he wrote up the interview and omitted all the important information to help brothers case and now won't talk to us. Finally called yesterday very rude when I asked for a itemized bill of so far occurring charges he was rude and said he is taking me to collections when I had just took him $200 He said because he drove 8 hours on 2 visit with my brother our $4200 was gone. He done nothing on the visits with my brother but he took his paperwork and told me I cannot have a copy of audio interview with witness nor can I have his paperwork back until we pay our bill. We gave him $4200 and he has done nothing. He said he been working in Butte county 30 years and the witness is a liar the DA does not offer deals for testimonys. My brother has been gone 15 years. The attorney took our money and ran. My mom is sick and has not stopped crying over this. Myself as well. Me or my mom did not no our rights being desperate to bring my brother home. He seen us coming and took advantage of us. $4200 gone from a 6 hour road trip. This is so devastating. We don't know what to do? This does not seem right. Pls someone can you help us and let us know our rights in this matter? My concern is we never signed anything. He left us waiting in his office 2 hours and never showed. We have reciets for payment? Help


Asked on 3/27/17, 9:09 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

if you sincerely believe you have been overcharged or not represented in return for your payment, you can file a fee dispute seeking refund of money. You do so through the local Bar Association in that county.

Unfortunately, that process will take time, and you need to obtain competent local counsel for the defendant, either by hiring another private attorney, or if you can't afford to do so, have the defendant request the public defender asap.

Discuss your complaints against the first attorney with new counsel when you get them, to get their opinion whether anything else can be done for you, such as filing a claim with the State Bar Association. Do that only after getting professional advice that agrees it is justified to do so.

It does sound as if the first attorney did not follow the rules in handling fees, retainer agreement disclosure requirements, and fulfilling his duties you thought you paid for.

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Answered on 3/27/17, 9:48 am


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