Legal Question in Personal Injury in California

Re: attorney missconduct

It is against the Business and Professional Code for an attorney to loan money to his client. Unconscionable fees are also unethical. You need to file a breach of contract action to have the contract recinded or reformed. Please contact me directly at (619) 222-3504.

Re: attorney missconduct

You are right. The actions of this attorney are highly unethical and against State Bar rules and the Bus. & Professions code. You are entitled to a large portion of those fees back. Please contact an attorney that handles such matters at your earlist opportunity. There are time limits that must be complied with, failure to comply may result in the loss of your rights.

This is a case that my office is interested in handling. Call for free consultation.

John Bisnar, Bisnar & Chase LLP

www.bestattorney.com

800-956-0123

Re: attorney missconduct

Thanks for your posting. An illegal fee agreement is one that violates existing law. An example would be a fee that exceeds the permissible amount set by law or a fee that is taken without proper court approval.

In your case, the law states that An unconscionable fee has been defined traditionally as a fee that is so exorbitant that it "shocks the conscience" of attorneys practicing in the same community. Today, courts still look to this standard, but also engage in an analysis of unconscionability factors set forth in California Rule of Professional Conduct 4-200. (Shaffer v. Superior Court (1995) 33 Cal.App.4th 993, 39 Cal.Rptr.2d 506.)

The "loan" of the money and the car may be prohibited by law if it was contingent upon any recovery. An attorney may advance fees, but can't loan money without a promise to pay -- regardless of the outcome.

I think you may have a good case here, and I'd be happy to look at the fee agreement and perhaps make some recommendations. If you can, please fax a copy of the retainer with the attorney you signed to 714-568-1563, or send me a copy in the mail and I can give you a detailed opinion, with the law in this area.