Legal Question in Legal Ethics in California
I had used a lawyer for a previous case and gave them the full amount as if we were going to trial, i settled and didn't go to trial. They owed me a 1000.00 but i left it with them incase something had happened and i needed their services. Well something did hapen and when i called to use them, they said they would look into it and call back later.
When the secretary called me back she said it would be 750.00 to take care of my problem. I told her that I had a 1000.00 retainer from a previce case, and that i have the paper work to prove it. Then she asked me to fax it to her and i told her that it was in my parents safe and she should have it in my file. She then told me that she would call me back latter that week.
Two weeks later still nothing.
And i really dont have the paper any more, it got burnt in a house fire.
If comes down to giong to court over this are they obliged to show their records in court?
Do they have to give me a coppy appon request?
1 Answer from Attorneys
You probably don't want to go to court with the person whom you want to represent you. The lawyer probably would not want to do so after that.
Try to work something out. If the previous case ended fairly recently, then the attorney's billing department easily should have and provide you with an accounting. In addition, the money should have been held in the attorney's client trust account. If the lawyer did not do so, there might be an ethics violation.
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