Legal Question in Legal Malpractice in California

Thank you in advance to anyone who can help me. All the complaints against my former attorney that I'm about to describe have all been documented through email.

I just settled a civil case. Mid-way through the case my attorney threatened to quit on me because I asked him to have more frequent communication with me on services he was billing me for. He said that he could not be micro managed and if so, he could no longer represent me. I apologized and asked him to please stay on the case because I knew I would be compromised otherwise. After that I was afraid to address mistakes that he made that resulted in additional billable hours. After the case finally settled, I brought up detailed concerns pertaining to unnecessary charges that were billed to me throughout the case. The head of the firm never replied to me. All they did was continue to send me my last bill. Now, they are finally trying to talk because I haven't paid. They are not willing to see any of my evidence and I feel like they are being unreasonable. They will not want to reduce my bill and they won't even look through my bill with me. Will I get in trouble if I pay nothing or a lesser portion of my bill? I continue to make attempts to come to ANY compromise, but the last communication I had he said that it will be sent to collections if I don't pay all of it.


Asked on 7/14/11, 11:13 am

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You have a right to demand non-binding fee arbitration prior to any lawsuit being filed. You can send that demand in a letter to the firm if it's otherwise nonresponsive.

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Answered on 7/14/11, 12:04 pm
Terry A. Nelson Nelson & Lawless

You have a right to a 'fee arbitration' through the local Bar Association. Call them to start the process.

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Answered on 7/14/11, 1:06 pm
Herb Fox Law Office of Herb Fox

The firm cannot send it to "collections" without first obtaining a judgment, and t must first prove you with a written notice of right to arbitrate the dispute. This is California law, and there is no way around it for the attorney. If the law firm files a lawsuit without first providing to you a notice of right to arbitrate, you can stop that case from proceeding while you arbitrate.

So you have the right to sit back and do nothing if you wish, or as my colleagues suggest, you can go ahead and initiate the arbitration on your own.

I have served as a fee dispute arbitrator, and I have handled fee disputes on behalf of clients. Depending on the amount in controversy and the validity of your position, I might consider representing you. Please give me a call or send an email if you are interested in a consultation.

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Answered on 7/14/11, 10:18 pm


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