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

Seal Beach, 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 was pro per ,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 go to bar for negi

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Attorney answers 1


You raise many issues.

If the attorney has money you have paid that he has not yet earned, he must return that money to you immediately upon your demand. If he fails to do so, you can go the California State Bar and make a complaint.

If you paid him money that he claims he has earned, but you dispute that, you can either proceed by arbitration or litigation to prove that he did not earn the money he claims he earned. It is likely not a bar disciplinable offense, but a fee dispute.

His failure to do work when he said he would could be a Bar discipline offense.

As to an agreement to remove negative reviews, and threats of legal action if you do not remove those reviews, the issue will be did you agree to remove the reviews in exchange for something of value, and did you get that value. If not, his only way to sue you for the negative reviews is if you made false statements of fact in the reviews. Generally there is no claim of defamation (slander or libel) for statements of opinion, and reviews are often just that - opinions. However, you should have some concern if in your frustration with this attorney you made false statements of fact in a public venue.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.



Thanks Mr Neil for your valuable information.All negative statements made against him are based on SOLID EVIDENCE AND FACTS and not my frustartion.And I never agreed to him that I will remove those negative comments in lieu of any money or value. How can I initiate arbitration or litigate that he did not earn the money he claims he earned.Thanks once agin Sir for your answer. Thanks

Neil Pedersen

Neil Pedersen


You can get information on how to start a mandatory fee arbitration by contacting the county bar association in the county where this attorney works. You can sue in lieu of arbitration, and if the amount in controversy is low enough, you can do that in small claims court. Otherwise, you will have to go to Superior Court. Good luck to you.



Thanks a lot Sir

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