Legal Question in Criminal Law in California

Legal process

I paid current originally $5,000 upon verbal agreement to file 1538.5 through process of that hearing .Hearing took place motion denied at this point i am expecting to be required to pay for any further service. I recieve a bill for another $7,000 for services rendered i paid this now i recieve a contract discribing another $10,000 $5,000 to be prior to next apearance on monday. Im feeling uncomfortable for reasons i am probubly unable to comunicate if i decide to seek further representation elese where is that possible at this stage


Asked on 6/27/09, 3:20 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

Re: Legal process

In California, all agreements over $1000 must be in writing and a copy given to the client. It sounds like something improper may have taken place. If the attorney acted unethically you may have redress with the state bar. You may visit my website at www.wallinlaw.com . Thank you for your question. David Wallin

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Answered on 6/27/09, 4:32 pm
Brian McGinity McGinity Law Office

Re: Legal process

In California attorneys are required to provide a written contract for any services they provide that cost $1,000.00 or more. If you hired a criminal defense attorney there should have been an initial contract if the fees you paid were $1,000.00 or more. If for some reason there was not an initial contract then no matter what the circumstances a written contract should have been provided when you were charged the $5,000.00.

Since I do not know the circumstances under which you were charged I can not determine if the fees sound legitimate or not. I also do not know what the fees were for. However it sounds like you do not know what the fees were for as well. There could be reasonable reasons for the fees such as could they be related to experts, investigators, analysis of evidence or evaluations and reports necessary for the case? There are a number of different things the fees could be related to. However, you should know what they are for. You should also know the breakdown of the fees you are paying. Your attorney should be providing you with written invoices of any expenses they have incurred. More important any expenses should have been discussed with you before they were incurred. You have a right to know what you are paying for. You should also be provided with a copy of all expenses incurred.

Since you have not explained the stage you are at with the case it is impossible to determine what would be advisable for you to do. However, if you are dissatisfied with your attorney the first thing you should do is discuss it with your attorney. If you are not satisfied after the conversation then I suggest you seek the opinion of a different attorney and get an objective opinion of the work your attorney has done. It is impossible over the internet under these circumstances to determine what has occurred and not occurred. However, you should have a copy of a written contract and you should know what you are paying for. If you are looking for a consultation feel free to call my office. Good luck!

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Answered on 6/27/09, 5:54 pm


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