Legal Question in Legal Ethics in California
Attorney fees and billing practices
February 2007 during settlement hearings I awarded $6,000 in an eviction case. My attorney agreement states 1/3 to him if settled.
1. Verbally he said $1800 was the fee which he has now increased to $2,650 I have heard from my partner which is whom he has been discussing the account balance with. I have requested a detailed statement from him in writing and verbally on five occassions to no avail. How long does he has to ''create'' this invoice? I feel he is trying to find false items to add.
2.He has involved his wife as well. What are the perameters of client attorney confidentiality. She is an attorney as well as a client of my partners handyman business and has stated that they will only deal with him inregards to the bill. They have expressed through my partner that I am not to contact them, they will only deal with him. I have only been thankful to my attorney for his services and am absolutily floored that I have not receieved a bill and that they refuse to let me pay my debt.
Do I contact the bar association? They have threatened to sue me as well, even without producing an invoice, is this legal? please advise thank you.
1 Answer from Attorneys
Re: Attorney fees and billing practices
The lawyer has an ethical obligation to provide you with a check for the undisputed amount. Then you are entitled to go to nonbinding arbitration to hash out the remaining amount. Typically, a lawyer will take out of your share the costs of litigation, including the filing fee, service of process, photocopies, postage, etc. The lawyer really should have provided you with a statement within a reasonable time of your request.
It is possible that he has not yet received the check from the defendant, so the matter doesn't seem urgent to him, yet.
You might send him a certified-return receipt letter demanding the accounting. Give him a date certain, and you also might tell him that you will demand non-binding arbitration of the issue and ask the arbitrator to preclude any evidence of money he's claiming unless he provides you with the accounting. Keep a copy of your letter, of course.
If you learn he has received the check and refuses to disburse any money to you, then a complaint to the State Bar might be in order if you don't get paid by him at least the undisputed amount.
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