Legal Question in Legal Ethics in California
Not sure where to post.
I filed for divorce and my husband and I were told to sale our home. During the real estate negotiations, my brother-n-law got involved. A couple of years ago (due to divorce) he had told me he wanted noting to do with me and not to contact him ever again. I Emaild him and told him to stay out of my and my husband's finances. His advice was not welcome and I did not trust him. He is a real estate attorney in another state.
He got involved in the sale of the house. Changing contracts 7 times, calling and receiving Emails and phone calls from my attorney and my real estate agent, resulting in more phone calls and Emails with my attorney and me. He crossed the line of 'helpful' advice to his brother to 'professional' advice, even seeming to represent us. I told him to butt out.
The bottom line is that his unwelcome and unwanted interference cost me over $3000 in legal fees. My attorney charged me for all the calls to and from my brother-in -law and read all the changed documents concerning the sale of my house. My attorney also charged me for the extra calls and Emails to the real estate agent and to me due to my brother-n-law's interference.
The house short sold.
I think my brother-n-law should be held responsible for my attorney fees concerning his part in the sale of my house. He crossed the line from giving advice to a family member when he started interacting with my attorney and real estate agent and changed documents.
Should I send him a bill for what he owes? Instruct him to send the money to my attorney or to me? My attoney said he is not going to go after my brother-n-law. I was his client. Should I go to fee arbitration? Is there any legal way I can make my brother-n-law pay for legal fees I should not be responsible for?
1 Answer from Attorneys
Your attorney is in the wrong for dealing with your brother in law, if your brother in law was not licensed in this state. A license to practice law in one state is not a license to practice law in all other states. Your attorney should cut his bill for aiding and abetting in the unauthorized practice of law. If you brother in law was not licensed in California, and was not a licensed real estate acting under a supervising broker, or a licensed real estate broker, then your brother in law was violating the law.
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