Legal Question in Legal Ethics in California
legal malpractice, unethical conduct
My atty asked for a lot of money in advance. My case settled out of court prior to him doing the tasks I paid in advance for. I asked for a refund which he said he would give after he ''did an accounting'' to see how much he owed me back. He strung me alonf ror months then sent me a letter saying he had used the funds, 7K, on other things that also never happened. Some of the things were plain lies. Should I ask for fee arbitration or sue? Thank you.
2 Answers from Attorneys
Re: legal malpractice, unethical conduct
Fee arbitration is not mandatory unless both the lawyer and client agree that it is. Check your retainer agreement and see what it provides for fee arbitration.
It would probably be worth it if you think you can get back substantial amount of money.
You might want to have another attorney review your fee agreement to determine whether the 7K you paid was earned as soon as you paid it, or whether it was task-specific.
Re: legal malpractice, unethical conduct
Follow Mr. Cohen's excellent advice.
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