Legal Question in Legal Ethics in California
I'm seeking advice about the best course of action for dealing with what I believe is attorney misconduct.
My attorney represented us in a complicated unlawful detainer case, which we won. Afterward, without telling us, he filed a motion for attorney's fees and sent us a bill. When I objected to paying for this unauthorized work, he had his office manager call to say he was "required by the court" to file that motion. I later emailed his office asking for clarification on what law or regulation he was complying with when he filed the motion. No surprise, I haven't heard a response.
My husband would like to ignore the bill, thinking that because it's unjustified, the attorney won't press for arbitration. Our retaining agreement is minimal and most of it states that disagreements between the attorney and client will settled by binding arbitration. My husband has worked as a contractor for many years and says he's always successful in refusing to pay for unauthorized work, which apparently happens all the time in that industry.
I would prefer to take the advice of several others and file a complaint against him with the State Bar Assoc. This attorney is marvelous in the courtroom and my husband is worried that if we file a complaint, he'll never represent us again and we may need him.
Also, a different attorney in his office is handling another eviction for us right now.
What do you suggest? And is there a law requiring a motion for attorney's fees?
2 Answers from Attorneys
Why would you want to file a State Bar complaint against an attorney you have a good working relationship with over this? I know of no law or rule requiring an attorney to file a motion for attorneys fees at the end of a case, but it is highly unusual NOT to do so in a case where an attorneys fees award may be granted. Why WOULDN'T you want him to seek recovery of your attorneys fees? Yes, technically it is best practices for an attorney to confirm that the client wants any motion filed before filing it, but the attorney is entitled to control tactics and strategy in a case. Filing a motion that is so standard really is in the gray zone as to whether that is client controlled or attorney strategy controlled. Filing a State Bar complaint is an extremely hostile act toward an attorney, and in this case, quite frankly, I don't see anything that even approaches a clear cut violation of the Rules of Professional Conduct or the State Bar Act. I have had ONE State Bar complaint filed against me in my career, and not only was if found to be meritless, I immediately withdrew from representing that client in all matters. There is no way I, or most any attorney, will continue working for someone who attacks us in a way that ultimately is a threat against our ability to earn a living. Ask your husband if he would ever work for an owner ever again if they filed a CSLB complaint over unauthorized additional work. If you got value for the work, you should pay for it. If not, and it was not authorized, don't pay and tell them you won't and tell them why. But threatening their livelihood over something like this is really over the top.
Wow! You and your husband are incredible trouble makers. Not only did the attorney win for you, but also filed a motion to get the other side ordered to pay your attorney's fees, and now you want to "stiff" him. Of course it was required. The motion is required if you want your attorney's fees back. If he did not file the motion, you would be complaining that he committed malpractice.
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