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Can a lawyer continue to bill you after an email has been sent and received releasing them from their services?

Rancho Cucamonga, CA |

I live in the state of California. Released my attrny in a family law case. Did not receive the remainder of the retainer that I was owed. Contacted her several times and she billed me for the time. I was trying to get a the remainder of the retainer fees.
I am thinking of going to go to fee mediation because the hours and fees are not correct. A check was issued and I want to cash it. Does this mean that I agreewith the billed hours and will have a problem with mediation?

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Attorney answers 3

Posted

Even though you fired your attorney over email, that did not necessarily release her by law. For example, if you were in litigation your attorney would still be your attorney until a signed substitution of attorney form was filed with the court. Therefore more facts are needed in order to advise you accordingly

Kazerouni Law Group, APC is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 800-400-6808, or through one of the evaluation forms on this or at our own website at www.kazlg.com. The information provided on this website is for informational purposes only and should not be construed as legal advice or as forming an attorney-client relationship. No attorney-client relationship between the reader and Abbas Kazerounian has been formed. If you are in the State of California and would be interested in a formal free consultation either visit Kazerouni Law Group, APC website at www.kazlg.com or call me toll free at 800-400-6808.

Asker

Posted

can I cash that check or does that mean that I agree with her final billing statement? well I have problems in feet mediation if I cash the check?

Marilynn Mika Spencer

Marilynn Mika Spencer

Posted

It isn't even clear from what you state how it is that you came to receive the check, or if the check was accompanied by any documentation indicating it is in full payment. In California, an attorney is required to return fees that are not in dispute to the client, and may hold other fees in his or her client trust account pending resolution of the dispute.

Asker

Posted

Attrny sent the remainder of retainer along with final bill that had several changes from previous charges that mysteriously changed after i notified the attrny that i would not go on with the case.these changes were around 1400$ different from first bill to final bill a year later! Webb i received detailed bill and remainder of retainer! Over a year went by to get a final bill!

Posted

I agree with my colleague that we need additional details in order to provide you with guidance on this issue.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

Posted

I also agree. If you are in litigation, the lawyer may be required to do certain things to protect your rights. You should ask your lawyer for a clear bill and see what you were being charged for. Also, make sure you sign all the proper paperwork to relieve your lawyer. Simply telling them they are fired will not mean that you may not owe more money. Try an informal conversation before mediation. If those do not work, you can consider fee arbitration through a county bar or the state bar

For more information, contact me at mark@wagnerlegalgroup.com or (310) 857-5293. You can also view my website at www.wagnerlegalgroup.com. LEGAL DISCLAIMER: NO ATTORNEY-CLIENT RELATIONSHIP: The information provided herein is intended for informational purposes only. This information does not necessarily reflect current legal or factual developments and is general in nature. Nothing set forth in this email should be construed as providing legal advice regarding an individual situation. Mark Wagner and/or the Wagner Legal Group makes no warranty, express or implied, about the correctness, accuracy or reliability of the information set forth in this email. The information provided in this email should not be construed as legal advice and does not constitute an engagement of legal services with Mark Wagner and/or the Wagner Legal Group or establish an attorney-client relationship. There should be no expectation that an attorney-client relationship has been created unless you receive and accept a written form of engagement setting forth the terms of the representation. This response may constitute Legal Advertising/Marketing.

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