Legal Question in Legal Ethics in California

legal malpractice; disability/discrimination

California attorney. Divorce filed 6/2005. Attorney paid $60,000.00. In my opinion, blatant malpractice. I am disabled (Brain & other injury from chemo therapy); I have file a fee arbitration for the additional $30,000.00 the attorney has billed me. He removed himself from the case December 2007. His defenses to the fee arbitration are to me, pitiful and slanderous--in MY opinion. The answer sounds horrible but I believe can be defended quite easily.


Asked on 3/08/08, 6:01 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: legal malpractice; disability/discrimination

Before the arbitration, line up your most powerful arguments first and leave the trivia to last. Go over the attorney's bills line by line to figure out what was overbilled. Get a copy of all the court filings if you don't have them already and a copy of the lawyer's file (which is your property) to evaluate the charges and whether they are reasonable.

Good luck!

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Answered on 3/08/08, 6:21 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: legal malpractice; disability/discrimination

Follow Mr. Cohen's advice.

Also, the State Bar maintains a fee disputes committee. Look into that aspect, also.

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Answered on 3/08/08, 11:10 pm
Lisa Howard Law Offices of Lisa M. Howard

Re: legal malpractice; disability/discrimination

If there is blatant malpractice, why are you suing to recover only $30K? Did you follow the procedure for fee arbitration with attorney?

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Answered on 3/11/08, 11:00 am


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