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  #1  
Old 06-26-2007, 09:01 PM
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Join Date: Jun 2007
Posts: 2

Lawyer lied in Fee Arbitration Dispute - what are my options?


What is the name of your state? California

I have filed a complaint against my lawyer under the fee arbitration program. One of many grievances was that the lawyer lied to me verbally and in writing that attorney fees were recoverable when they were not. (The case was won as a Summary Judgment without award of attorney fees, a strategy I was not advised of till my opponent had sold the business while litigation was in progress as a result of which I cannot collect.)

1) I have THREE emails from him that clearly stated "under the rescission model, your attorney fees and costs are completely recoverable". After I had spent a significant amount of money, he made a retraction and when I challenged him with the three emails, he emailed back "Attorney Fees are not recoverable in your case ... My previous emails may have caused a misunderstanding"
In the reply to my complaint the lawyer wrote
"No such advice [that attorney fees are recoverable] was ever given"
"CB asked us to check, and the advise given was that attorney fees are not recoverable"
This was despite the fact that I had attached the three emails to my complaint.

2) The lawyer had refused to get an attachment of the business after significant research in writing to me and after emailing me that he would prepare papers for the same. I stated this in my complaint as well.
Lawyer replied - The case was a essentially sounding in Tort and/or equity to dissolve the partnership. Such claims are not suitable for attachment".
This is false, as this was not a "partnership dissolution" dispute. I had signed a partnership agreement, but the partnership could not be created as defendant had completely lacked the authority to convey any partnership interest in the fist place. (This formed the basis of the Summary Judgment.)
In the same reply, the lawyer also wrote - "We filed a complaint alleging various causes of action sounding in fraud and misrepresentation, breach of contract, constructive trust, declaratory relief and rescission" (which is correct, but contradicts the earlier statement).

In addition there were several statements that I can prove with documents that were false,
but I won't go into them here.

My question is
Are either 1) or 2) or both considered perjury ?
How do such false statements affect the arbitration proceeding ?
If it is perjury, can the lawyer be prosecuted? If so, how can action be initiated for the same? Do I have to file a complaint (with whom) or is it the Bar Association's responsibility to do so ?

Thanks in advanceWhat is the name of your state?

Last edited by ChBrown; 06-26-2007 at 09:22 PM. Reason: clarification
  #2  
Old 07-04-2007, 12:14 AM
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Location: california
Posts: 7,789
Was the arbitration already held?
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  #3  
Old 07-04-2007, 11:38 AM
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Join Date: Jun 2007
Posts: 2
Quote:
Originally Posted by stephenk View Post
Was the arbitration already held?
No, we have at this stage, just provided the dates that we would not be available, and the Bar will accordingly schedule the dates
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