Legal Question in Personal Injury in California
compensation asked by lawyer when the money awarded was from small claim court.
My daughter was rear-ended on 10/08/02. She hired a lawyer
representing her and was going nowhere (insurance co only
offered $500 for settlement). On 9/08/03 attorney
representation was terminated by mutual agreement. My daugter sued the guy in small claim court and was awarded
$5000.- judgement. The insurance co mailed the check to
my daugther's lawyer and he wants her to pay $300.- before
releasing the check. He has nothing to do with the small
claim court judgement. We feel that we don't owe him nothing. Are we right?
3 Answers from Attorneys
Re: compensation asked by lawyer when the money awarded was from small claim cou
Probably, on the facts you describe. The county has an attorney fee arbitration program available free to the public, and the attorney must submit any fee dispute to arbitration if requested by a client. I suggest you daughter take the matter to the county bar association fee arbitration program for resolution. In the mean time the $300 can be held in trust and the balance released to your daughter.
Re: compensation asked by lawyer when the money awarded was from small claim cou
What is your agreement with him? If not like his claim, file for a fee arbitration with local/county bar association. He should certainly release the balance however. If he does not, you may seek assist from state bar.
Re: compensation asked by lawyer when the money awarded was from small claim cou
An attorney usually initiates a case by obtaining medical records, taking photographs and perhaps having an investigator interview the other party, thereby incurring some costs. Are you sure the other attorney is asking for fees, rather than costs? A terminated attorney also may be entitled to the reasonable value of his/her services, depending on your agreement. I second the motion for a county bar fee resolution if you're unhappy about it, but the attorney should release the undisputed portion of the funds.