Legal Question in Family Law in California

my divorce attorney

Hello,

I have been trying to get divorced in California for a year and a half. My (ex) husband has not been cooperative. Recently I have uncovered several errors and oversights made by my attorney. She has admitted these errors but has not offerred to compensate me for the charges I incurred during the time she made those errors. An example: She failed to notice that my ex did not file his assets and disclosure forms. We filed for a birfurcation as to status and it was not approved but, it took 9 months to learn this. I repeatedly asked my attorney why it was taking so long and she kept blaming the courts. Example #2: We decided that we would have binding arbitration with a judge to settle the financial aspects. We wanted a judge so that she could sign off on the bifurcation so we paid 8K. The day of the arbitration, we found out that we did not obtain the paperwork back from the courts to approve the judge as an arbitrator so she could only function as a mediator. My lawyer did not inform me of this-I figured it out in the initial minutes of the meeting. Overall I've been happy with my lawyer but I feel she became inattentive and continued to charge me anyway. How might I recouperate the fees?


Asked on 1/22/07, 1:43 pm

1 Answer from Attorneys

Laurence Haines HainesLaw

Re: my divorce attorney

The first thing you do is write a detailed letter to your lawyer requesting the reduction in the bill for specific fees/amounts. She may reduce the bill to make you happy.

If she refuses to do so, you have a "fee dispute." Contact your county bar association and ask them for paperwork to arbitrate the fee dispute. You have a right to do so under California law. Your lawyer is required to participate in good faith.

Good luck.

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Answered on 1/22/07, 2:21 pm


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