Legal Question in Family Law in California
Fired attorney, still performing and charging for services
I fired my attorney in writing in January after he failed to draft a modification for child support on a settlement reached. The draft was promised in November 01. On the day he received my registered letter he charged for for ''cleaning'' up my file, and then proceeded to draft and send the modification to my ex's attorney without my authorization. He then sent me a bill charging me for these services and others, including a substitution of attorney, that he charged me 250.00 to ''complete''. I was already aware of the need for the form, but had not yet decided on a new attorney, if any, since we already had a settlement. He sent this long after he had performed all of the services. Am I liable for the post-termination services performed. I understand that I may end up in arbitration in order to avoid his lawsuit for unpaid fees, but do not want to even try if I am going to lose. Isn't my letter of termination sufficient to end his services, and the substitution of attorney used for notification to the court and opposing attorney?
2 Answers from Attorneys
Re: Fired attorney, still performing and charging for services
A substitution of attorney form is required before the attorney is relieved of responsibility on your case. Any work done which is necessary to the contract for representation would be properly billed. $250 for preparing a substitution of attorney seems excessive though. "Cleaning up your file" seems unusual, he should be keeping your file "clean" throughout the representation, unless there is something that you or I don't know about, that seems improprer. Hopefully, you will have this resolved through arbitration. Good Luck, Pat McCrary
Re: Fired attorney, still performing and charging for services
you are not responsible for that bill. Dont pay it. He is a thief and you did right by firing him
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