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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

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

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Attorney answers 4

Best Answer
Posted

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.

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Richard Andrew Harting

Richard Andrew Harting

Posted

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

Posted

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.

Asker

Posted

I transfered my case from one attorney to the present one.So when the new attorney got my file he must have reviewed it....discovery was close.Then also he filed a motion and went on Ex parte which costed me thousands of dollar.And then he did not file a motion to reopen discovery.Is this not a negligible act ?And he made a bill for @ 11000 which I had payed in 2 retainers of 5000 each and 1k cash.I do not agree with his bill ,he did nothing.How can I initiate fee agreement arbitration,I need my money back atlesat 3000 if not more.He wants to sue me as he thinks the statements made by me are libelous and slanderous ,but I do not agree to him

Richard Andrew Harting

Richard Andrew Harting

Posted

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!

Asker

Posted

Thanks.But how do I start the arbitration process the attorney office is in Seal beach.And without Arbitration I dont think I can even go to the court for small claims

Richard Andrew Harting

Richard Andrew Harting

Posted

Contact the orange county bar association to commence arbitration.

Asker

Posted

thanks Sir

Asker

Posted

Can I sue him in lieu of arbitration in small claim court(as amount is $10,000).Or I have to do arbitration with him.Thanks

Richard Andrew Harting

Richard Andrew Harting

Posted

I believe you can sue directly, but review / google Business and Profession code 6200-06

Asker

Posted

Thanks

Posted

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.

Richard Andrew Harting

Richard Andrew Harting

Posted

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.

Asker

Posted

To pamela Pit@You mentioned "And what attorney would take your case when you are posting negative comments about your old attorney? " Every reasonable attorney would love to take my case if I gave negative remarks to this unprofessional lawyer then at the same time I gave positive and outstanding remarks to my previous 2 LAWYERS .They were just awesome.I left them as i could not afford them .

Posted

Fee arbitration.

Richard Andrew Harting

Richard Andrew Harting

Posted

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.

Posted

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

Posted

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

Posted

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!