Legal Question in Family Law in California
I retained a Divorce lawyer approximately one year ago after my wife filed. It was a short four year marriage, no kids, no community property however I received monthly itemized billings which totaled $30,000 at 18% for late payments . I reviewed each entry and as a non-attorney concluded that probably 70% of charges were Unconscionable (CA); fee amounts were disproportionate to the results obtained, virtually reflected no significant novelty,difficulty or skills, and were excessive compared to a "reasonably prudent attorney" in the locality. I need someone who I can consult to review $28K of charges and advise me which are most likely reasonable and customary, and which may need to be questioned as per the history I can essentially provide of the proceedings. Having lost nearly $30,000, I cannot afford an attorney. I hear a paralegal\legal assistant cannot advise a consumer. I don't want to possibly progress to Artibtration to Dispute Fees unless I can make an educated decision in order to properly proceed. Who or what kind of legal services can I contact and pay on an hourly basis to help me make a decision to either directly discuss my issues with the attorney, seek arbitration, and (?) possibly file a State Bar Grievance. If I call the Bar now, they'll just give me names of high-priced attorneys specializing in Fee Disputes. I realize I do not have legal grounds to file a legal malpractice action; I just want finanical justice and move on. He's already been ssub'd out. Who can I contact to help me, in any legal discipline, at an affordable price to review the itemized services and corresponding charges and discuss possible violations of CA-MRPC and California Ethical Guidelines to possibly represent myself in Arbitration, if that's the only direction that would seem appropriate to present my billing issues?
2 Answers from Attorneys
You probably qualified for summary dissolution. You should speak to an attorney to determine where the cause of the high billing lies. Either you were taken to the cleaners, or you demanded a lot of work that was unnecessary and irrelevant to the case.
I understand your reluctance to go to Fee Arbitration without a review of the matter, but that is what I strongly recommend you do. The client can elect for the arbitration to be non-binding, and it is a very "user-friendly" process. All you have to do is explain what little was done for you and then the burden shifts to the lawyer to justify the fees. The arbitrator will be an attorney who practices family law and knows what is legitimate and what is not. If you still feel you have an unfair result after that, you can reject the arbitration award and THEN look for someone to give you the analysis you seek. I think the odds are pretty good that you won't need to. Also, on the facts you provide, you should file a complaint with the State Bar. They will NOT send you to a high priced lawyer, or any lawyer. They will ask your former lawyer for an explanation, and if it is not conclusive proof that the fees were legitimate, the State Bar will conduct an independent investigation of the situation. They will not help you get your money back per se, but if the lawyer is facing charges after the investigation, restitution is going to be a condition of any plea bargain or disciplinary sentence in State Bar Court.
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