Lemon Law Settlement Amount is very low ! Anything I can do ?

Asked about 2 years ago - Irvine, CA

Hi,

I've contacted some attorney regarding my Lemon Law case with Honda.

Attorney took my case and he was very interested in the first place.

After couple of months he turned back to me and said All I can get is a 2000$ settlement from Honda and that's it.

Now that I'm looking at Settlement paper, he requested Honda to pay me only 2000$ for all the discomfort and time and difficulties I've been through and he requested (FROM HONDA) 1500$ Attorney fee.

Due to the fact that all he did for me was sending one demand letter to honda and I've been the one suffering a defected vehicle for couple of months, it just kinda sounds unfair to me! Is there anything I can do to raise the settlement or maybe ask my attorney to reduce his fee and add to my settlement? Any advice would be appreciated.

Attorney answers (3)

  1. Scott Richard Kaufman

    Contributor Level 20

    5

    Lawyers agree

    Answered . You're in a tough spot in the matter and here on Avvo.

    As Mr. Burdge correctly points out, no one here can get in the way of your relationship with your atty. Further, we do not know the facts of your case. What I CAN tell you is that YOU are in charge of agreeing to or rejecting any settlement, not the attorney. The attorney can only recommend or advise against you taking a settlement.

    You've been offered a cash and keep settlement, which allows Honda to avoid labeling the car as a lemon and keeps this vehicle in your hands to do with as you please.

    You may wish to consider getting an independent opinion from an experienced lemon law attorney, with knowledge to your attorney, based on your repair orders.

    Lastly, you should know that the CA lemon law does not have a provision for pain and suffering and/or inconvenience. What it does instead is provide that the bad guy, in this case Honda, pay all of your reasonable legal fees. Without this provision, let's say you have a $30,000.00 car and the atty took a 33% cut of your settlement, you would only get $20,000.00 and not be made whole. You should have already had this explained to you.

    Good luck with your matter going forward.

  2. Ronald Lee Burdge

    Contributor Level 20

    4

    Lawyers agree

    Answered . Frankly, and knowing what it takes to be able to do that kind of letter and make the arguments that are involved, $1,500 seems very reasonable (if not low) for California. You say that you already have an attorney and it sounds like you are looking for a second opinion on what is happening in your case or what your current attorney is doing or saying. There are ethical laws that attorneys must follow and generally they can not give specific advice to a person who is already represented by another attorney unless the person tells their current attorney that they want to go get a second opinion first. That is because no attorney on the internet will know or understand your case, or its history, better than the lawyer you already have. It would not be fair to you for us to second-guess someone who is far more familiar with your case and the facts, investigation, legal research, and other work that has been involved in it so far. You should first ask your questions of the attorney you already have representing you. He or she very likely knows exactly what the answer is to your question since they know the other attorney or factory representative involved (and if your case is filed in court they would also know the court and the judge on your case). Anyone else would only be second guessing and that would not be fair to you. And the guess, educated or not, of another attorney who doesn't know everything about your case, could also be wrong. And no attorney wants to give you the wrong advice. Handling a lemon law case involves much more than merely writing a letter. What you see is the letter but what creates the letter is a lot more than just that. 3 years of law school that can cost over $150,000 - and that is just for starters. Then there is the daily cost of maintaining a law practice and staff, their office, payroll taxes, insurance, what their accountant charges, and all the rest of the overhead that goes with running a business. Lemon Law attorneys can't control what manufacturers will offer to settle a case and how much you get often depends on how good your case is and how long you are willing to stick with it and fight for your rights and how much of your own time and money you are willing to invest in the fight too. Some manufacturers are also just naturally cheaper than others. I am sure they know that if they offer a small amount to every consumer, a lot of them will take it just to get rid of their lemon and move on in life. If that's not you, then don't give up. Ask your attorney about all of this - that's the first thing you should do. Of course, if you are not satisfied with the answers you get from your current attorney, then you always have the right to get a second opinion from another attorney. If you want to find another attorney who handles your kind of case you can look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to an attorney near you. For Consumer Law and Lemon Law cases, you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://ohiolemonlaw.com/locate-a-local-attorney...) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). If this answer was helpful, please give a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck.

    Click Here for a 50 State List of Consumer Law and Lemon Law Attorneys
    http://www.ohiolemonlaw.com/locate-a-local-atto...

    What Does Your State Lemon Law Say? Clicking Here and See
    http://www.ohiolemonlaw.com/state-lemon-law-sum...

    Is There a Federal Lemon Law? Yes, Click Here to See its
    http://www.ohiolemonlaw.com/federal-lemon-law.htm

    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your... more
  3. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . If you are unhappy with the settlement or your attorney, you can always try to find a new attorney. It is possible that you will still have to pay your first attorney something if you do settle later on.

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