Legal Question in Legal Ethics in California

Re: Legal Malpractice

From what you describe, there was a settlement and you agreed to it. The attorney seems to have deducted fees from the settlement although an agreement supposedly states that you are supposed to get all of the money from the settlement. Thus, there doesn't seem to be legal malpractice, only perhaps a breach of agreement, breach of fiduciary duty, and perhaps a breach of ethics, since the attorney obtained a favorable result in the case.

If the attorney removed money from the trust account that you dispute because it is yours, that would be improper. The attorney should only withdraw the undisputed amount. The disputed amount should remain in the trust account and the attorney should send you a letter advising you that you may opt for nonbinding fee arbitration with either the local or state bar associations. If the attorney has not done so, the attorney has breached a legal obligation. Nevertheless, you may file a legal action against the attorney and have the court decide or, you or a legal representative can contact the attorney and suggest either mediation or binding arbitration to make that determination. Usually, nonbinding arbitration doesn't prove to be of much benefit, unless you wanted to get a look at the attorney's documentary evidence supporting his/her claim for fees. Good luck to you.