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Can my attorney withhold my judgment money in lieu of professional fees

Asked about 3 years ago - Downey, CA

Ethics

Can my attorney withhold my judgement monies in lieu of professional fees?

I dispute my attorney’s fees because he overcharged me.

He failed to provide a detailed schedule of his and office work research.

Overcharged for office visits and travel time. He had two appointments at the same courthouse for two different customers and he is charging me for the whole day in court.

We had a small judgment in our favor and he is retaining the monies and wants to keep it all.

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Attorney answers (3)

Jonathan H Levy

Reputation Level 19

Answered almost 3 years ago. International Law Attorney in Washington, DC.

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That's an easy one - call the California State Bar and ask for their assistance in resolving a fee dispute:

415-538-2020

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Jonathan H Levy

Reputation Level 19

Answered almost 3 years ago. International Law Attorney in Washington, DC.

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I would suggest contacting the California Bar Association if the matter is still unresolved.

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Gerald Gould Knapton

Reputation Level 10

Answered almost 3 years ago. Ethics / Professional Responsibility Lawyer in Los Angeles, CA.

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Question: Can my attorney withhold my judgement monies in lieu of professional fees?
Answer: The judgment is your money, although the attorney may have a lien against the judgment. Did you sign a document with a lien provision? Does it comply with the Fletcher v. Davis requirements for liens?

Question on the other issues relating to the charges:
Answer: You should consider filing a petition for arbitration of the fee dispute. Look at the web site www.LACBA.org
If you are short on cash you can ask for a fee waiver from the Los Angeles County Bar Association.
If the lawyer sent you a document titled "Notice of Client's Right To Arbitrate" be aware that you have only 30 days from the date you receive this to ask for fee arbitration.
This is a good program that will help you sort out these problems.
Good luck!

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