Legal Question in Civil Litigation in California

You could bring a motion for new trial or some other form of post-trial relief, but your question doesn't reveal any basis for such a motion. You can also appeal, though it isn't clear whether your appeal would be likely to succeed.

Your best option may just be to settle with the lawyer. Chances are that your contract with him allows him to recover attorney fees and costs connected with the case that just went to trial. That might well add up to more than the amount of the judgment. Don't be surprised to see him file more papers soon seeking those fees and costs, unless the two of you resolve your dispute soon.

Good luck.

I'm going to have to make some assumptions. First, I'm assuming that you went to mandatory fee arbitration. If so, that arbitration award is not binding on either party. Either party may petition the court for a trial de novo within 30 days after notice of the arbitrator's award. (Bus. & Prof. Code, sect. 6204, subd. (a).)

Thus, under this form of arbitration, it was not inappropriate for the judge to hear your arguments regarding the earlier fee arbitration, because the attorney was entitled to trial de novo, meaning a whole new trial, without regard to how the arbitration turned out. My answer would be different if some other form of arbitration, such as arbitration contractually set forth in the retainer agreement, such as JAMS, etc, or post-dispute arbitration that did not involve the mandatory fee arbitration set up by the bar association.

Second, it is not clear from your post whether the attorney sued you in small claims, or some other venue. If you have a small claims judgment against you, you can appeal that, and that matter is heard before a superior court judge, and is again a trial de novo. I don't necessarily agree with Mr. Hoffman regarding attorney's fees, because if the attorney is representing himself, such as in a small claims action, he is not entitled to attorney's fees. He would only be entitled to attorney's fees if he retained separate counsel, and the retainer agreement provided for it.

If the lawsuit was brought in limited civil jurisdiction, the appeal is to the appellate division of the superior court. If the lawsuit was brought in unlimited civil jurisdiction, the appeal is to the district court of appeal. Each of these venues is governed by special rules concerning the time frames to appeal, and I suggest you speak to an attorney as soon as possible to ascertain which time frame and set of rules applies to you.