My past attorney is not refunding my money back.He took $11,000 and did nothing .How can I get my money back

Asked about 1 year ago - Whittier, CA

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

Attorney answers (4)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

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    Answered . 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.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Pamela Octavia Pitt

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Fee arbitration.

  4. Richard Andrew Harting

    Pro

    Contributor Level 18

    Answered . 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.

    Michael Raymond Daymude
    Michael Raymond Daymude, Personal Injury Lawyer - Sherman Oaks, CA
    Posted about 1 year ago.

    Citations, please. Few things in the law are absolute. This is not one of them. Whether a non-disparagement agreement is valid in any given context is open to debate. If discovery was closed, obviously the attorney spent time on the case for which I assume the attorney is entitled to the agreed or reasonable fee. I did not read the Asker's post as requesting a return of unearned fees but a full refund. An attorney is not required to inform a client regarding fee arbitration unless the attorney has filed suit, or intends to file suit, against the client for unpaid fees.

    Richard Andrew Harting
    Richard Andrew Harting, Personal Injury Lawyer - Long Beach, CA
    Posted about 1 year ago.

    Mr. Daymude is partially correct - the attorney must provide the arbitration materials/info prior to commencing any type of collection proceeding. However, if you initiate the arbitration it is mandatory for the attorney to participate, whether or not he has initiated a collection proceeding. Please review Business & Professions Code 6200-6206 and contact the local bar association probably Los Angeles County Bar - I don't know if Whittier has a Bar Association - and good luck!

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