I hired a lawyer year back.On the last hearing he was asked by the judge to pass a motion to re open discovery as getting a new trial date does not reopen discovery automatically.I had been urging him to do so but he did not responded back to my emails for almost 6 months when I decided to fire him.And when I wrnt myself ,the Judge denied my motion to compel the deposition of my wife on the grounds that my "previous" attorney did not file that motion.I was very mad and confronted with the lawyer.I also gave him negative reviews on the websites.First he told he will write an agreement and then return my money.Agreement is that I will not post any negative reviews against him.Now for those negative posts he wants to take a legal action against me.I need my money back.Can I complain to state
You have three choices, IMO. Enter into the proposed agreement with your attorney, negotiate a different one, or institute fee arbitration proceedings. Since this appears to be a simple fee dispute which may result in litigation, while you may certainly file a complaint with the State Bar, I strongly doubt the Bar will take any action.
If he will refund your money in exchange for taking down the negative postings, that would seem to be the best deal for you. Anything else would result in more litigation than it is worth. And what attorney would take your case when you are posting negative comments about your old attorney? He most likely would not be successful in taking action against you for negative posts if what you are saying is true. But you would have to spend more money fighting it. Just take the deal.
The agreement proposed by the attorney is absolutely inappropriate and against public policy / free speech and has nothing to do with returning unearned fees. The attorney is mandated to inform and offer you fee arbitration. You may also report the attorney to the State Bar.
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