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
Employment / Labor Attorney
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.
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