Gerald Gould Knapton's Answers

Is it conflict of interest?

Sounds like "the cat is out of the bag" as far as your secret vis-a-vis that law firm goes. Unless the information was disclosed pursuant to a very strict protective order that is still in effect and which provided that the firm getting access to the protected information would not use it or not represent anyone adverse to the disclosing party (you) in another litigation. There does not seem to be any way to prevent the law firm from representing the other client on a true "conflicts" basis...

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What can you do when your own attorney lies to you and is ripping you off?

1. Complain about this to your attorney. Put it in writing. 2. If no results then talk with the law firm's managing partner (if there is someone like that). 3. If still no result, then contact the local bar asociation for their help. SAN DIEGO COUNTY BAR ASSOCIATION Fee Arbitration Program Administrator San Diego County Bar Association 1333 Seventh Avenue San Diego, CA 92101-4309 619-231-0781 http://www.sdcba.org

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Can I temporarily suspend an attorney relationship? It is getting too costly for me. I signed a retainer agreement.

Think of some OTHER options that will allow you to keep this attorney working for you. Propose them to the attorney. Here is what I see as possible options: 1. Stop paying by the hour and convert the matter to a contingency fee type of retention from this point on. 2. Defer payment of any more of the hourly rate based fees until the matter is concluded. 3. Arrange a payment schedule that you can afford. Please write to your attorney about this as soon as you can. It is very rare for a...

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Attorney billing under CA rules of professional conduct, are charges for talking to legal staff legal under CA law

Maybe; maybe not. I know, you hate this kind of answer but it is a bit more complicated, and depends on a few things that you did not mention in your question. (Be sure to complain about this practice by the law firm to the lawyers if it bothers you as explained at the end of this answer.) Do you have a written fee agreement (aka retainer agreement) with the law firm? If the client (you) are an individual then one is required under California Business & Professions Code section 6148. If...

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Professional Rules of Conduct in California, there is a Civility Code, may a paralegal working for an attorney use profanity?

Profanity while not very profesional is quite frequent and not a violation of the ehtical rules. Threats and trespassing is another thing altogether. Make a complaint to the CA State Bar and copy the paralegal and the lawyer. BE POLITE AND STICK TO THE FACTS. They will open a case and investigate.

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Can an attorney place a lien if he dropped my case? the agreement was he would not get paid if we do not get paid.

In California, a lawyer who is charging by the hour and who want to have a valid lien for his/her charges is required to comply with the rules set out by a recent CA Supreme Court opinion called Fletcher v. Davis. This requires that the client: 1. be told of the lien in writing; 2.that the client be told that he/she has the right to consult with an independent lawyer about the lien; 3. that the amount of the lien be fair and reasonable; and 4 that after being so informed and having some time...

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How to handle a lawyer that is lying about keeping me informed on costs to go to trial?

How sad. There are 222,322 lawyers admitted to practice in California as of June 2009. Maybe this is too many. Many do not seem to be able to tell the bad news to clients. Perhaps the lawyers delude themselves. Of course many clients do not want to hear the truth. Cost-benefits discussions are really important to have and to document. Othewise we will all be tempted to twist things to support our own view of what happened. People are not very strong sometimes. I am very sorry that...

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Is ist illegal to have workers for a law firm doing paralegal work and not being certified?

California law on the use of paralegals is developing so the rules for qualifying and certifying are different depending on the years that are involved. Read the text of B&P section 6450 for more.: § 6450. "Paralegal"; Requirements (a) "Paralegal" means a person who holds himself or herself out to be a paralegal, who is qualified by education, training, or work experience, who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity,...

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Does a lawyer have an obligation to their client to inform them that arbitration was ordered by the courts?

I do not fully understand the basis for the arbitration in your matter, but the way you describe the handling appears to be a serious violation of the California Rules of Professional conduct and a serious violation has been held to diminish or eliminate the fees due to an attorney (see the Pringle and Cal-Pak cases) as of the date of the serious violation. Here is the California State Bar rule and official discussion: "Rule 3-500 Communication A member shall keep a client reasonably...

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Can I dispute a lawyer bill that was sent after the original fee was paid

Mr. Koplien's advice is good. In addition here are my thoughts: You should write (keep a copy!) back to the lawyer right away and tell him that you are surprised by the bill as he said that he would work for the $500 plus $1,500. Perhaps he will explain or withdraw his bill. If he will not then ask if he is agreeable to fee arbitration with the local or state bar program (a lawyer has no choice in this--but sometimes just asking can be an effective bargaining tool). The mandatory fee...

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