Legal Question in Legal Malpractice in California

breach of fiduciary duty

I hired an attorney and paid him $2,000 to handle a negotion to settle a credit card debt lawsuit. He said it was a simple case and he would settle the case before I needed to ANSWER. The 30 days to ANSWER date was coming close and I left numerous messages for over 3 weeks period and he never once returned my phone call. I had to hire a new attorney and I called the plaintiff's attorney myself to ask for an extension on the ANSWER. I believe he breached his fiduciary duty as an attorney and I would like to get my $2,000 back from him. I asked him in writing and he is claiming that it was a nonrefundable amount and cannot give it back. I would like to sue him. Is it more efficient if I do this thru L.A. County Bar Assoc. Dispute Resolution Services or thru small claims court? And if I win at small claims court by default, how can I enforce the payment on him once I get a judgment? I would like to complain to the bar association. Is it ok to do that and what does that do?


Asked on 6/28/07, 12:35 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: breach of fiduciary duty

First of all, if you want to complain to the State Bar of California, visit calbar.ca.gov for information. Yes, you can also take him to small claims court or LACBA fee arbitration. First write him and ask for your file (it belongs to you). Over $1000 the fee agreement has to be in writing. If he didn't file an answer, and you suffered damages, he may also be liable for legal malpractice, see an attorney.

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Answered on 6/28/07, 1:10 am


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