Legal Question in Legal Ethics in California

Money hungry

Is it legal for a Attorney to harass a client for money on a continous basis calling through out the night for money after I had just paid him a majority of the money. Can I legally request that he wait until the Estate settles for him to be paid so I do not get harass?


Asked on 8/24/05, 4:01 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Money hungry

Take a look at the federal Fair Debt Collection Practices Act, and send the lawyer a certified letter, return receipt, telling him/her that he/she is in violation (if so). Keep a copy of the letter. That will show you're serious about not being harassed. Perhaps the lawyer doesn't have confidence in the lawyer's own abilities to settle the estate and get money from it.

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Answered on 8/24/05, 4:30 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Money hungry

The attorney is acting collect money on his own behalf, so the Fair Debt Collection Practices Act does not apply. It is also unclear from your post whether this a "consumer debt" within the context of California's version of the FDCPA, so more facts are necessary.

As a general rule, your attorney is entitle to payment under the terms of the fee agreement that you signed. If you agreed to pay monthly, then you should honor your agreement. If the attorney had an agreement to wait "until the Estate settles", the attorney should honor that agreement.

From the facts posted, I don't see how either California or Federal fair debt colletion laws apply. Please post more information about the fee agreement, the terms of payment and the type of representation provided.

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Answered on 8/24/05, 5:23 pm


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