Legal Question in Civil Litigation in California

Re: fee dispute

You could also file a formal complaint with the state bar as there are regulations against accepting an excessive fee.

Re: fee dispute

It is my understanding that the attorney must keep that portion of the attorney fee that is in dispute in the attorney trust account. The remainder of the funds should be immediately dispersed by the attorney.

You need to review the facts with an attorney to determine what options are available, and are economically feasible.

You could also contact the state bar. You will however, need to provide the state bar more complete information than you have provided here. The attorney fee agreement along with any bills received from the attorney, and a statement of the facts of the case in which the attorney represented you.

Re: fee dispute

Mr. Johnson is correct that an attorney is obligated to turn over any undisiuted portion of the proceeds and keep any disputed portion in his trust account pending resolution of the dispute with the client. If, for example, it is undisputed that you are entitled to at least $50,000 for your recovery and that he is entitled to at least $100,000 for his fee, then he may take the $100,000 and must give you the $50,000 while leaving the remainder in trust pending a resolution. If he disputes that you are entitled to the $50,000, then he must keep that amount in trust as well. I would need to know more about your contract with your attorney and about the facts of the case to assess the situation any better than this.

How much your attorney may claim as a fee will depend on the nature of your fee agreement and on the history of payments and billings. If you agreed to pay him on an hourly basis and are behind in your payments, then (assuming the fee agreement permits this) he is allowed to claim a portion of the settlement for his outstanding balance. If you agreed to pay him on a contingency basis then he is entitled to his contingent share; most contingency agreements also provide that the client must pay costs separately from the attorney's fees, and the net result is often that the client's recovery is eroded substantially by these costs.

You are entitled to arbitration of your fee dispute in California, but the arbitration is non-binding and either side may demand litigation if the arbitration award is unsatisfactory to them.

If you would like to contact me with more details, I may be able to offer more concrete answers. Please feel free to call me at 310-575-3540.

Re: fee dispute

Not meaning to be terse, but you should get a new lawyer located in the county in which you live.