Legal Question in Family Law in California

Is there a way to get out of an arbitration?

I was represented by a family law attorney in a one day court appearance to defend me in a proceeding filed by my ex-wife who wanted to modify the custody I have on our child. I prevailed. THis lawyer sent me a bill of over $7,000. All efforts to make him revise his charges failed. I filed for arbitration with the local Bar Association. An Arbitrator was appointed (Also a Family Law Attorney). Initially, he did not want my wittness to testify saying I did not give him prior notice that i would be having a wittness. Later on he allowed my wittness to testify. During the hearing, The arbitrator was very brisk with my withness & me. THough my opponent could not explain all his billings & charges, I was shocked when the arbitrator announced that he was going to award him the whole amount ($7,000).

Not knowing whether I could challenge this ruling, i reluctantly decided to pay. The lawyer wanted his money in full. I have so far paid $4,000 & promised to pay $500.00/month until the bill is paid. He cashed my check.

A month later, he called saying he will not accept the payment terms & will be going to the court to initiate collection proceeding against me.

What options do I have? Can I back out or challenge this ruling?


Asked on 4/09/04, 6:06 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Is there a way to get out of an arbitration?

You could contact the state bar association and complain. However, that avenue does not seem to be promising as the arbitrator agreed with him.

Most courts will set a monthly payment schedule. The procedure would be for him to obtain a judgment and then obtain a writ of attachment, or wage garnishment. You would be entitled to file a claim of exemption.

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Answered on 4/13/04, 1:37 am


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