Legal Question in Legal Ethics in California

Legal Ethics

I want to know if it is possible to sue my divorce attorney? I feel strongly that he did not represent me in this case, but rather worked against me. He is charging me exorbitant fees and is also breaking a verbal agreement he made with me regarding the amount I owed him. Certain agreements that were made in court, he went against without my knowledge,which cost me thousands of dollars, as I either paid more than what the judge ordered or my ex-wife was suddenly not obligated to pay certain things that it was stipulated that she pay. There are still matters to be disputed and because I wrote him a letter outlining my disapproval of his services he has dropped me as a client. If this latest letter that he sent me is saying what I believe it's saying, he will have charged me over $10,000.I want to know if there is help out there for the average layman if an attorney fails him. Is he ethically obligated to his client as was stated in the paperwork I signed when I hired him? How does one sue an attorney? Do I have a case? If so how do I go about it?


Asked on 3/27/06, 10:49 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Legal Ethics

You can ask the county or state bar associations to conduct non-binding fee arbitration for which you would have to pay a portion. Or, if the lawyer is willing, binding arbitration. You can report the lawyer to the State Bar of California if you believe the lawyer engaged in misconduct, although the State Bar does not usually consider fee disputes but only egregious conduct. Finally, you could sue the attorney. If you do so, however, you will have to prove that you would have achieved a more favorable result and, in essence, would have to try the family law matter all over again with testimony of family law experts who have to review your family law case to see what mistakes caused you problems. That usually is a very heavy burden to bear, both legally and financially. I wish you well.

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Answered on 3/28/06, 4:19 am


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