Legal Question in Civil Litigation in California

attorney fraud

I worked as a consultant for an attorney on a real estate matter. The attorney agreed to split the contingency fee with me because the client had no money to pay me. I have now found out that it is illegal for an attorney to split their contingency fee with other than another attorney. What are my rights and damages here? Is this fraud?


Asked on 6/20/07, 9:58 pm

4 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: attorney fraud

An attorney sharing with a non-lawyer in a contingency fee is not legal. However, you may be able to recover the reasonable fair market value of the services you rendered.

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Answered on 6/21/07, 9:55 am
Terry A. Nelson Nelson & Lawless

Re: attorney fraud

If you got paid, you have no complaint. If you didn't, simply take normal steps to demand, pursue and collect your reasonably based fees at an hourly rate. If it is improper for him to share, it is his problem, not yours.

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Answered on 6/21/07, 4:54 pm
Gregg Gittler GITTLER & BRADFORD

Re: attorney fraud

You still have a claim for the reasonable value of your services. And if you were hired by the attorney, not the client, your recourse may be against the attorney. Of course, this may be affected by any written agreement you had with the attorney and/or client, if any.

Of course, the foregoing is a general comment, and may not be relied on as a legal opinion or as representation. We cannot give binding legal opinions unless and until (a) we are retained, and (b) we have the opportunity to review all relevant documents and interview the client to ascertain all relevant facts.

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Answered on 6/21/07, 7:22 pm
Johm Smith tom's

Re: attorney fraud

Get the attorney to pay you for your time as a consultant, just use realistic hours and market rates.

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Answered on 6/21/07, 12:09 am


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