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  1. #1
    jenny3 is offline Junior Member
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    lawyer won't pay settlement

    What is the name of your state (only U.S. law)? ca
    I recently settled a car accident case, and my attorney kept more of the money than she was supposed to. I asked her to make it right. I told her I would report her, and go after what she owes me. She threatened to counter sue and included alot of legal jargen and offered to give me $225. She owes me over $1500. I have an agreement, in writing, but she won't pay up. What can I do next? How do I report her and to who?
    I will continue to have medical bills as a result of the accident so I really can't just let it drop. I don't have medical insurance, so I pay out of pocket.
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by jenny3 View Post
    What is the name of your state (only U.S. law)? ca
    I recently settled a car accident case, and my attorney kept more of the money than she was supposed to. I asked her to make it right. I told her I would report her, and go after what she owes me. She threatened to counter sue and included alot of legal jargen and offered to give me $225. She owes me over $1500. I have an agreement, in writing, but she won't pay up. What can I do next? How do I report her and to who?
    I will continue to have medical bills as a result of the accident so I really can't just let it drop. I don't have medical insurance, so I pay out of pocket.
    Call the state bar.
    A bit further down the road, sue the bad girl in small claims court.
  3. #3
    jenny3 is offline Junior Member
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    Question lawyer won't pay up

    I really need more help. can she sue me for trying to get what she owes me? Is an agreement that she will pay certain amount enough to get it from her? How does one go about reporting an attorney?
    I did try to settle this...I don't need more drawn out headache over this. She will not compromise. I agreed to $1000, she offered $225. She owes me more than $1500
  4. #4
    seniorjudge is offline Senior Member
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    Q: can she sue me for trying to get what she owes me?

    A: Yes; you may sue anyone for anything at any time anywhere.



    Q: Is an agreement that she will pay certain amount enough to get it from her?

    A: Do what Zigner advised and find out; we can't predict the future.



    Q: How does one go about reporting an attorney?

    A: Contact the state bar (as you have been told before).

    http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10484
    There are two rules for success:

    (1) Never tell everything you know.
  5. #5
    jenny3 is offline Junior Member
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    Exclamation trying to find info to get my money from attny

    THIS is free legal advice forum, this is where I came to find out. Where is a better place to find information on this problem. What is customary when an attoney doesn't pay. And how often does this happen. How does one ensure that they get what is owed to them, when The insurance company cuts the check to the attorney. What recourse does a concumer/lient have?
  6. #6
    seniorjudge is offline Senior Member
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    Q: Where is a better place to find information on this problem.

    A: Contact the state bar.



    Q: What is customary when an attoney doesn't pay.

    A: Contact the state bar and sue in small claims.


    Q: And how often does this happen.

    A: I doubt that statistics are kept on this.


    Q: How does one ensure that they get what is owed to them, when The insurance company cuts the check to the attorney.

    A: Usually, the check is made out to the client and the attorney. Contact the state bar and sue in small claims.


    Q: What recourse does a concumer/lient have?

    A: Contact the state bar and sue in small claims.
    There are two rules for success:

    (1) Never tell everything you know.
  7. #7
    jenny3 is offline Junior Member
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    my next step to get the money

    thank you for the advice...I went to the site you listed...bar takes complaints based on ethics, and wrongdoing--(acted improperly) not just a disagreement or if you think she did a bad job. Does this qualify?
  8. #8
    seniorjudge is offline Senior Member
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    Q: thank you for the advice...I went to the site you listed...bar takes complaints based on ethics, and wrongdoing--(acted improperly) not just a disagreement or if you think she did a bad job. Does this qualify?

    A: The bar will tell you if the complaint is valid.
    There are two rules for success:

    (1) Never tell everything you know.
  9. #9
    las365 is offline Senior Member
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    bar takes complaints based on ethics, and wrongdoing--(acted improperly) not just a disagreement or if you think she did a bad job. Does this qualify?
    [url=http://www.calbar.ca.gov/state/calbar/calbar_home_generic.jsp?cid=10174]Public Services[/url]

    You looked at the wrong section. Under "Addressing a fee dispute with an attorney"

    The State Bar's Mandatory Fee Arbitration Program (MFA) is an informal, low cost forum for resolving fee disputes between lawyers and their clients. MFA arbitration is mandatory for the lawyer if the client requests arbitration.

    Most fee arbitrations are conducted through local bar association programs. To request fee arbitration program, contact the local bar program with jurisdiction over the fee dispute (usually the county where the majority of legal services were provided). List of Approved Local Bar Mandatory Fee Arbitration Programs
    Mediation of the fee dispute may also be available through some local bar associations.

    For commonly used forms or resources relevant to the program, please refer to Forms and Resources. For more information or assistance, call the State Bar Office of Mandatory Fee Arbitration 415-538-2020.


    Documents and forms that may be accessed include:

    Consumer pamphlets explaining the MFA Program and Preparing for Arbitration
    Excerpt of California Business & Professions Code, Sections 6200-6206 (The statutes covering the fee arbitration program.)
    Notice of Client's Right to Arbitration
    Rules of Procedures for Fee Arbitrations and the Enforcement of Awards by the State Bar of California & Guidelines and Minimum Standards for the Operation of Mandatory Fee Arbitration Programs
    Notice of Your Rights After Fee Arbitration (Client)

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