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?


Asked on 10/16/03, 1:01 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

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.

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Answered on 10/20/03, 2:54 pm
Donald Holben Donald R. Holben & Associates, APC

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.

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Answered on 10/20/03, 5:11 pm
Robert F. Cohen Law Office of Robert F. Cohen

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.

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Answered on 10/20/03, 5:43 pm


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