Legal Question in Legal Ethics in California

On 06/07 my divorce was finalized. Part of the final decree stated that I was to receive various investment/IRA accounts transfered to me by counsel. My attorney sent me a letter dated 07/09 stating that she was going to withhold this for her services. Despite my numerous phone calls, e-mails and certified letter to my divorce attorney this transfer has not occurred. Her invoices continue to add charges for my follow up.I also signed a promissary note against my home in NH for her servies.In addition to these items an addemdum to the alimony payments was finalized on 08/09 1st payment to be received on 10/09, to date this has not been sent to me by the lawyer despite again numerous call, e-mails and certified letter. I beleive this is unethical.Is there something that an attorney can do and if so what would be the cost and time frame for me to receive my money and do I need a NH attorney or a CA attorney? (this is where I reside now)


Asked on 11/19/09, 6:41 pm

1 Answer from Attorneys
William Frantz William M. Frantz, MBA., JD., Attorney At Law

I did some research for you regarding your matter. The first answer is that you could need either a CA or a NH attorney being where the attorney is who handled the divorce? Looks as though CA with a note on the NH home? Here is some underlying ethical law:

This is the primary rule: Upon client request, lawyers are required to promptly pay or deliver to the client any funds, securities or other properties in their possession that the client is �entitled� to receive. Ca Professional Conduct Rule 4-100(B)(4). Where an attorney has possession of settlement proceeds subject to a disputed attorney's lien, the proceeds must be placed in a client trust account until the dispute is resolved. Ca Professional Conduct Rule 4-100(A)(2). By contrast, the attorney may not withhold the undisputed portion of the client's funds because of a fee dispute. The undisputed amount must be paid promptly to the client upon demand. Friedman v. State Bar (1990) 50 Cal.3d 235, 240-241, 266 Cal.Rptr. 632, 634-635.

There would be more to research as I would need more facts? That just gives a rough idea of how the rules work regarding attorney lien laws. Now, if there is no attorney lien, the Law would be somewhat different if not entirely different. The real issue is to get to the facts and then look at the ethical rules closer. Attorneys fees do vary. My hourly rate is $175.

Read more
Answered on 12/01/09, 2:14 pm


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in California