Legal Question in Legal Malpractice in California

Hi, My wife and son were hit by a driver six months ago who admitted fault. That driver's insurance company originally offered 1,300 to my wife to settle. She declined and after obtaining an attorney and six months later our attorney settled for 3,200 and told us that after he paid his doctors,etc. our portion would be only 1,200 which was less than the original offer. Are we entitled to a set percentage by California law or is it up to the attorney. More importantly my wife signed the settlement about a month ago and every time she calls to ask where her check is the receptionist at the office tells her that they are still negotiating with their doctors(doctor's fees) . Is our attorney stalling or is this normal. Should I file a claim in Small Claims court? Thanks


Asked on 2/15/12, 10:01 am

1 Answer from Attorneys
Patricia Meyer Patricia Meyer & Associates

There are guidelines that limit the percentage... but an attorney can charge less. The percentage is based upon the amount recovered. Look at Cal. Business & Professions Code section 6146. This should have been discussed when you entered into a retainer agreement with the attorney.

While it is not uncommong to be "still negotiating" the concern is that you have been given a "net recovery" which necessarily assumes all payments are set in stone. Rather than talking to the receptionist I would ask to meet with your so you have direct knowledge of what is going on. Hard to say anything is normal (or not).

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Answered on 2/15/12, 12:32 pm


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