Legal Question in Legal Ethics in California

I recently hired a lawyer for a case in northern California. I finally fired her after I realized she was overcharging for her services, i.e. taking 2-3 hours for review of a single document. Not to mention, 2 weeks after firing her, I was able to complete a settlement agreement where I did not have to admit to anything, pay anything, or have anything on my record. It was merely a mutual agreement of non contact with the other party. I found out that the opposing counsel was trying to do this all along, but my lawyer refused to present this to me, and encouraged me to go to trial.

I called my lawyer and requested a refund of $3,000 of $5,000 I paid them. She tried to tell me this was extortion, and then said she would file a restraining order against me, after I only called her one time. I told her I will be filing a bar complaint against her, and her firm.

Here are my questions:

1. Does she have any basis for extortion or restraining order after only one call?

2. Are there any repercussions of me filing a complaint with the bar i.e. can the lawyer sue me for anything?

3. Will I be involved in a court case regarding this complaint if it gets to a certain point?

4. What do I need to show in the bar complaint in order for the bar to take actions to ensure she does not rip any other clients off in the future?

5. What do I need to show if I go to arbitration for the money I feel I am rightly deserved?


Asked on 6/21/10, 12:01 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

1. No. Unless you threatened her by stating that you would file a bar complaint or criminal complaint unless she gave you your money back.

2. Generally, complaints to the California State Bar are privileged. (Rosenthal v. Vogt (1991) 229 Cal.App.3d 69, 73.) There is a statute, however, that provides that making a knowingly false complaint to the State Bar is a crime. (Bus. & Prof. Code, section 6043.5 subdivision (b).) The State Bar makes the decision to forward charges, however, and not the attorney being complained about.

3. If the State Bar files disciplinary charges, and the accused attorney does not reach a "deal" with the Office of Trial Counsel, you will most likely be subpoenaed to testify against the attorney at trial in State Bar Court. If the attorney sues you in civil court, you will have to defend the case.

4. You would have to show in your complaint to the State Bar that there was evidence that opposing counsel made settlement offers, and that your attorney never communicated those settlement offers to you, and did so to continue to bill you for fees. You should get a declaration from opposing counsel, at the very least.

5. Attorney Client Fee Arbitration is not true binding arbitration. Either party could request a de novo trial after the arbitration.

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Answered on 6/21/10, 8:01 pm


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