Legal Question in Legal Malpractice in California

hi my father was arrested in may and i found an law firm which claimed to be the number one defense attorneys in california, i called their 800 number and they offered to go and see my dad in the jail and discuss his charges, and because my father was confused and scared the attorney was able to munipulate him into paying them a 20,000.00 retainer, after my father paid the 20,000.00 it was almost impossible to get the attorney out to the jail again for my dad ,, my dad has since been released on bail, and has only been able talk to his lawyer the 3 times he appreared for my fathers preliminary hearing and each time his lawyer asks the judge for a continuous. and his lawyer will returns my fathers calls after 2 or 3 days pass sometimes even longer..I have discussed with my father about getting another lawyer on his case and so he called his lawyers office and requested a statement from the trust that was to hold the 20,000.00 retainer and a account of the money that was taken out so far and he told my father that the 20,000.00 is non refundable, can a attorney do this and is it legal ? pls help my father with some honest advise regarding this situation thank you\n.\n


Asked on 7/29/09, 1:36 am

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

Have your father fire this lawyer immediately, in writing, certified mail return receipt requested, and tell the lawyer to immediately send your file along with a refund of the $20,000 less $500 for each hearing at which the lawyer appeared. Put it in the letter that the lawyer is being discharged because he will not return phone calls or meet with his client at all, and if they have any problem with this arrangement your father will file a lawsuit for the unearned fees and a written complaint with the State Bar. Unfortunately he will have to hire another lawyer while this is going on, but he is probably better off. If you do hire another lawyer, the first lawyer will not be able to communicate with your father except through the other lawyer; and the second lawyer will probably help you get your money back from the first lawyer. If you are in LA or OC I would be pleased to talk to your father directly and I do make every effort to promptly return phone calls and visit clients in jail as appropriate.

I prepare all criminal cases for trial, some lawyers show up unprepared on the day of trial and tell their clients to take a guilty plea. While sometimes that is the best course of action, the unprepared attorneys who plead all their clients guilty are called "dump truck" attorneys and you might as well have the public defender.

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Answered on 7/29/09, 3:17 am


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