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  #1  
Old 05-25-2009, 03:26 PM
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Join Date: May 2009
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attorney Fees, Ethics, Malpractice?


What is the name of your state (only U.S. law)? California. we were involved in a complex litigation, in which a former client ( an attorney) verbally agreed to look over the summons, file an answer and tender the case to our insurance company in x change for our services. He presented us with a bill for legal fees, stole our property, and put a lien on our case for attorney fees. After the settlement agreement which he signed he is now suing us for legal fees. We also had a cumis councel which as we understood it was supposed to look out for our best interest in the case and during settlement. Do we have a case against either one of these? There was no written fee agreement. also, where could I get help with answering the complaint, filing papers,etc Thank you for your time,
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Old 05-29-2009, 03:30 PM
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Join Date: Apr 2002
Posts: 9,180
Was the first bill an itemized bill showing an itemized list of billable hours and a brief description of the legal services performed for each listing of hours? How much was the first bill for? Why would you agree to retain the services of an attorney by verbal agreement--that in itself is a shady tactic on the part of the attorney for not insisting on a signed agreement.

Have you checked his credentials with the state bar association to see if there are other client complaints against him? Checked county court online records to see if anyone has brought previous lawsuits against him?

Why would he be sending another bill after sending the first one? File a complaint against him with the state bar association.

If he validly performed work to earn the compensation, then he should be paid. If he is being unscrupulous, then he needs to be challenged.
  #3  
Old 05-29-2009, 06:31 PM
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Join Date: May 2009
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Thank you for your reply. We did not have a written agreement, this was our first time in legal trouble. The attorney has already been well over paid, with our services, the property he stole from us, which we agreed later to include in the settlement agreement along with additional money to get rid of him. We also filed a complaint with the state bar, but now have to file another one, since some time has gone by. What does an ordinary citizen do when being harassed by an attorney like this? Also, are we now forced to retain councel? What if we cannot afford to hire a lawyer? Thank you very much for any input.
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