Legal Question in Legal Malpractice in California

Yes you are, and you are also entitled to a refund of any money that is not disputed. (If there is a dispute, the attorney can hold that amount in his trust account pending a resolution of the dispute).

You might consider filing a complaint with the California State Bar (www.calbar.org).

I have served as a fee dispute arbitrator and I have handled fee disputes for clients. I do not know how much money is at issue, but if you feel it might be worth your while I would be happy to consult with you about this matter.

Mr. Fox is correct; attorneys have an ethical obligation to account for services rendered and timely refund any unearned fees. While there may be an ethical violation should you actually be due a refund that hasn't been timely paid, filing a State Bar Complaint will not exclusively result in the attorney having to issue any refund due as the State Bar does not handle refund matters. The State Bar would review the matter to determine whether there was an ethical violation. However, the State Bar would refer your request for a refund to your local county bar association for fee dispute arbitration. However a valid and meritorious bar complaint may provide pressure to the attorney to provide you with some response to your request. Additionally, a demand letter from an attorney may also provide you with more immediate results. I too have fee dispute and bar representation experience. http://www.mwattorneys.com