Legal Question in Wills and Trusts in New York

Re: durable power of attorney

If you hired the attorney in your capacity as agent for your mother, you do not have any personal liability. You still might be named in a lawsuit, but you would only be liable to the extent you still control assets of your mother.

If he was successful in getting your mother on Medical, he will be entitled to receive the fair and reasonable value of his services, unless California has laws limiting the amount of recovery, or unless you had a written fee agreement.

If you hired the attorney directly, or signed a written agreement agreeing to pay his fee, then you will be personally responsible for his fee.

You can contact the California State Bar Association to find out what the proceedure is to make a complaint against the attorney.

In order to be a Federal lawsuit, the amount in controversy would have to exceed $75,000; if his legal fees are that high he should be disbarred. More likely, he will try to sue you in California claiming that the services were provided there and that you submitted to jurisdiction there by hiring him.

Re: durable power of attorney

If you hired an attorney, then you are liable for the fair and reasonable value of the services he provided. If there was no agreement as to the fee, and you feel his charges are exorbitant, you may be able to get it reduced. In NY, there must be a written fee agreement before a lawyer can take a case if the fee is over a set amount. There is also a dispute resolution process in which the attorney must justify the amount of his fee. Call the local bar association where this attorney is located and inquire what the rules are in CA.

Re: durable power of attorney

If you are a resident of NY and the atty suing you is a resident of CA and the amount in controversy (being sued for) is over $75,000 then you can be sued in Federal Court as a "diversity" case.

Re: durable power of attorney

If you retained the attorney in your capacity as holder of the Power, you can be sued if his bill is not paid. Was there a written retainer agreement? If not, you may have a defense. Since there are multiple states involved, federal courts may have jurisdiction based upon diversity of citizenship, but the jurisdictional minimum must be involved to invoke federal jrisdiction. If the fee dispute does not meet the minimum jurisdictional amount, suit cannot be brought in the federal courts. Only a state court proceeding may then be brought against you. Since this involves a fee dispute with an attorney, there are usually bar association mediation rights before suit can be initiated. You should check on the availability of this mediation. Check with the California State Bar Association on what are your rights and how to contest the bill, if the services were not as represented, or if the bill is excessive. The written agreement controls. If there was no written fee agreement, your position is much better to defend this.

Re: durable power of attorney

A provider of service has the right to rely on a power of attorney as giving you the authority to make decisions for that person. Therefore if you contracted a lawyer on the grantor's behalf, the lawyer has a reasonable expectation that you will be responsible for the fees.

As for suing you, if you are in New York and the lawyer is in Calfornia it is possible that jurisdiction exists for Federal Court purposes so long as the amount in question exceeds $75,000.

Should you like to discuss this or any other legal matter, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699