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Asked about 1 year ago - Long Beach, CA
FlagI signed my former attorney's retainer which did not allow me to dispute bills after 30 days. Even though I knew he was making huge mistakes on my case and having to redo numerous documents, I was too afraid to complain at the time for fear he would quit and I would have no one else to represent me as he was the only one I could find who would take my paternity case without a retainer fee. He charged a lot higher than any attorney who wanted a retainer fee--$425/hour. I was desperate so I agreed because I needed an attorney last minute which he knew. He represented me for 4 1/2 months in my paternity case and I ended up with $34,000 in legal bills. After I lost my job but before he was done on my case, I subbed him out due to job loss and feeling I was getting a lot of bills--and errors.
In LA, a lawyer has to offer you the opportunity to arbitrate a fee dispute before suing you, so this time, don't miss the 30 day deadline, make sure to opt for this arbitration, and make sure the acceptance is sent by a provable method of delivery like FedEx or registered www.rPost.com email. This fee arbitration isn't binding, so either party can "de novo" (ignore) the result, but it's a good way to gauge what an objective trier of fact would say about how much you owe this lawyer for the work.
You haven't provided any deatils about these "huge mistakes," and yes lawyers, like everyone else, do make mistakes, and yes, they can charge clients for them, and yes, you did miss the deadline to dispute the fees. But I find it hard to believe that you didn't get value out of this lawyer's work, and the reason you were able to reach a settlement was largely if not completely due to their work, so there's no question you'll owe something, perhaps quite a bit, maybe all of the $34,000 billed.
Have you paid this lawyer anything? If he was willing to work without a retainer, and went 4 months without payment, all while you were working, it won't look like you're in good faith about
these fees.
I'd write down all the fees you dispute. It's very possible you don't understand what some of the work was, and you're entitled to an explanation, but you're not entitled to perfection or any guarantees. After sending the lawyer a written statement of what fees you dispute, ask for a meeting so you can go over the fees and your comments, and see if you can come to a compromise. If not, the lawyer will presumably sue you after going through fee arbitration.
In my opinion the 30 day limit on disputing fees is unconscionable and no court would uphold it. The limitations period for malpractice is normally one year. It appears you are in Los Angeles County. Check out the Los Angeles County Bar Association web site at www.lacba.org where you will find information on filing for mediation or arbitration of your fee dispute. I also recommend that you consult a lawyer experienced in representing people in fee disputes with lawyers.
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