Legal Question in Legal Ethics in California

Payment for services
Question- Recently, I obtained the services of a lawyer. I paid the initial retainer fee. As the trial grew closer, I was given another bill to retain services for trial. The day before the trial, I was told by my attorney that the district attorney had recieved crucial evidence that would make my case quite difficult to win. He attempted to contact the DA to try to reobtain a previous plea bargain to no avail. On the morning of the trial, he advised me to plead guilty, which I did. End of case. Now, prior to the trial, I wrote a check to his office and I was given a receipt by his office with a zero balance due. Apparently, his office lost the check. My records show it never cleared. So, my question is twofold, 1) Is there any professional responsibility or possible legal ethics issues here,and (2)Am I responsible for payment due to an accounting error by his staff even though I have a receipt???

Asked on 11/20/02, 4:45 pm

Benjamin Berger Berger-Harrison, A Professional Corporation

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Re: Payment for services

From the facts you've listed, I don't see any ethical violations.

As far as paying the fee, you should be able to stop payment on the missing check, deduct the costs you incur to do so, and pay him the rest.

Answered on 11/20/02, 4:50 pm

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