Legal Question in Real Estate Law in California

Re: sue my real estate attorney

Another problem with sueing your own attorney during a case is that the attorney would be obliged to withdraw from representing you, giving you the options, none very attractive I would think, of handling the case yourself, paying a new attorney to bring him or herself up to speed on an 18-month-old matter, or dismissing your complaint.

In a suit against an attorney for malpractice, you have to prove, usually, that "but for" a negligent error or omission by the attorney, you would have achieved a better result, and that the attorney's performance was below standard. At the particular posture of this case, your only complaint (as far as we can tell) is that the bill is too high in relation to the settlement offer in mediation. However, a settlement offer in mediation is not the "result" of the case, and if you were to accept an offer that was too low, that would be your mistake, not your attorney's. It is the client who makes the decision to accept or reject a settlement offer.

A $130,000 fee for 18 months' work seems high, I agree; however, there may be circumstances that have pushed the charges up, including demurrers, retaining expensive expert witnesses, extensive discovery, and other pre-trial motions and maneuvering. Also, you may have just picked out a lawyer with a high hourly rate, possibly justified by his or her talents.

Overbilling, unless it constitutues actual fraud, is a species of malpractice.

I think you should try to have a frank discussion with your attorney about the size of the bill and the reasons or justification for the time end expenses being charged you. If this is not helpful, see if either your county bar association or the State Bar will review the charges while the case is pending and the attorney still represents you.

Re: sue my real estate attorney

The fact that the defendants would not offer any money at mediation doesn't necessarily mean your case is lost. It's just that the defendants are digging in their heels, making you bring the matter close to or to trial, at which time you would have to prove your case.

Settlement discussions could continue between the two sides after mediation and perhaps there could be a resolution. It all depends, of course, on what proof your attorney has been able to establish of the facts as you claim them, and the liability of defendants.

It's premature to think of suing your attorney, since the case isn't even over. You also haven't mentioned anything that the attorney has done wrong! You committed to the litigation process which could be expensive and nearly 100% of the time is not successful for one side or the other. Good luck!