Legal Question in Legal Malpractice in California
Malpractice or Fee Reduction
I am the Plaintiff in a defamation suit that is in the settlement phase. I have agreed to the settlement because my attorney, from a defense firm, does not want to go to trial and does not fight for me. I have done 99% of the work for him: prepared all deposition questions, prepared transcripts of tape recordings, prepared agruments, compiled legal research, prepared discovery items, etc., etc. There is no way where my counsel is morally entitled to his 33 1/3 contigency fee. I am not particularly interested in enduring the rigors of a malpractice suit even though, because of all the incidents involved, I feel I have a strong case, but maybe a plea for reduction in fees.
What are my options?
2 Answers from Attorneys
Re: Malpractice or Fee Reduction
As soon as the settlement is paid send him a letter telling him you are disputing his fee. Instruct him to pay you your portion of the settlement immediately. Let him withdraw his out of pocket costs and he must keep the rest of the money in his trust account until you have a chance to arbitrate the fee issue. Then you can use some of your payout to hire an attorney to dispute the fee at arbitration.
Re: Malpractice or Fee Reduction
The state bar of california has a fee arbitration program. If you feel that your attorney is charging too much you can elect fee arbitration wherein you both go in front of an arbitrator. If you do not like the outcome of the fee arbitration you can sue the attorney in court. This is not necessarily a malpractice suit but rather a breach of contract. If you would like help contacting the state bar you can contact my office and I can tell you where to call. My toll free number is 877-546-9918. I need to find out what county you reside in so I can send you to the right county bar association who will handle the fee arbitration.
John Hayes, Esq.
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