Legal Question in Real Estate Law in California

Lien

My wife filed for divorce on August 10,2001. Prior to this date,my wife paid a $6,000.00 retainer. On November 15,2001,our first and only court appearance,my wife's lawyer puts a lien on our house for $30,000.00,assuming the length of the divorce trial. At that time according to her lawyer,my wife owed another $10,000.00 or more. I approved the lien,because of a compromise reached,between my wife and I,at the November 15,2001 court appearance. After three months,my wife did not fulfil her part of the compromise. Her lawyer tells her,she would no longer represent her,that my wife was in contempt of court. Since then,my wife and I made ammends,and are married still. My wife has made several attempts to settle with this lawyer since 2002,to no avail. This lawyer with her exorbitant charges prior to her only court appearance,is still milking us with this lien,until it reaches the max of $30,000.00. Are there statues for this unjust procedure,or are we a victim of the circumstances??????


Asked on 7/11/04, 6:02 pm

3 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Lien

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 7/31/04, 9:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Lien

This sounds like a legal ethics matter that should be referred to the California State Bar.

Try www.calsb.org and follow complaint procedures. There is both a fee-dispute handling and an overcharge violation here, I believe.

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Answered on 7/11/04, 6:49 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Lien

I agree with Bryan. But, further I would add that Los Angeles County has an attorney's fees arbitration program run by the County Bar Association and I suspect your county bar association does too. Attorneys are required to submit fee disputes to arbitration if demanded by the client. That will get the matter adjudicated in an quick and inexpensive forum. Then the attorney can only lien the property for any amount determined to be owed in arbitration.

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Answered on 7/11/04, 8:40 pm


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