What can I do about?

[ericsbracer]

What is the name of your state?What is the name of your state? California

I settled a product liability case in mediation in July of 2003. In reviewing the statements of my account provided by my attorney, I found some discrepancies such as multiple billings, lack of invoices and/or check requests, lack of cancelled checks, incorrect interest percentages used in calculations, as well as a live check (that I was being charged for) in a box of documents. After at least six months of communications attempting to resolve these issues, and repeated promises for answers that never materialized, I filed for a Binding (required in my Retainer Agreement) Mandatory Fee Arbitration hearing. In my filing, I listed five specific items (questionable/unsupported payments to third parties) that I felt had not been satisfactorily explained.

Now that the hearing is done (11/2004), and the arbitrators have made their award (2/2005), my attorney no longer feels it is necessary to provide the information I have been requesting for over 18 months (3 cancelled checks) - and he is still charging me for the live check I have in my possession.

Does Arbitration eliminate my attornies responsibility to accurately account for the expenses of my account?

What options do I have - especially with the live check I have in my possession? Can he legally charge me for something I can prove beyond a reasonable doubt he didn't pay?

Thank You

 

[seniorjudge]

Q: Does Arbitration eliminate my attornies responsibility to accurately account for the expenses of my account?

A: You are bound by the terms of the arbitration.


Q: What options do I have - especially with the live check I have in my possession? Can he legally charge me for something I can prove beyond a reasonable doubt he didn't pay?

A: What do you mean by live check? What's it for?


The file at the attorney's office is yours, not his. You are entitled to get it.

I am afraid that I do not fully understand what your problems are.

Please explain.

 

[ericsbracer]

Q: Does Arbitration eliminate my attornies responsibility to accurately account for the expenses of my account?

A: You are bound by the terms of the arbitration.
** then it was my oversight in not requesting the cancelled checks for the items in question at the hearing...

Q: What options do I have - especially with the live check I have in my possession? Can he legally charge me for something I can prove beyond a reasonable doubt he didn't pay?

A: What do you mean by live check? What's it for?
** Stapled to the subpoena is a cover letter from the attorney, the proof of service form signed by the person serving, an "on call agreement" and a check for "witness fees" made out to the subpoena'd person.


The file at the attorney's office is yours, not his. You are entitled to get it.

I am afraid that I do not fully understand what your problems are.

Please explain.

I do have my files, what I have been trying to get is some supporting documentation regarding charges to my case. I didn't realize that the Arbitration hearing was my last opportunity to resolve ALL of the issues that may or may not come up in the accounting of my case. I had been asking for this supporting information for some time, and I had expected (hoped?) that once the specific issues raised in Arbitration had been resolved, I would be given a proper - and complete - accounting of my case. If I misunderstood, then it's my fault and I accept that.

What I am uncomfortable with is the fact that I am being charged for something I know the attorneys didn't pay.

 

[seniorjudge]

I do have my files, what I have been trying to get is some supporting documentation regarding charges to my case. I didn't realize that the Arbitration hearing was my last opportunity to resolve ALL of the issues that may or may not come up in the accounting of my case. I had been asking for this supporting information for some time, and I had expected (hoped?) that once the specific issues raised in Arbitration had been resolved, I would be given a proper - and complete - accounting of my case. If I misunderstood, then it's my fault and I accept that.

What I am uncomfortable with is the fact that I am being charged for something I know the attorneys didn't pay.

I am familiar with checks being tendered with subpoenas for witness fees.

Is the check made out to you?

So why do you think you cannot cash it?

The arbitration people went to great lengths to explain to you what was going on. The thing is settled now and the conditions of the settlement are in the arbitrator's award.

I do really apologize because I have re-read your posts three times and there is something you are not telling me or something I am not understanding.

So, if you have other questions, post back.

 

[ericsbracer]

With all due respect, the many aspects of the legal process are not always well explained to lay people. I freely admit that I may have made some bad assumptions, but I don't ever recall being told this was "my last and only chance" so-to-speak.

With your clarifications, I do accept the outcome of the Arbitration as 'final' in respect to the accounting of my case. Sadly, the check is made out to the Subpoena'd party, an expert witness - not me - therefore I can't cash it.

Does that mean I have no recourse regarding the check?

Thank you again for all your help.

 

[seniorjudge]

Q: Does that mean I have no recourse regarding the check?

A: To do what? Are you saying that you were charged for the amount of that check and it was made out to a third party who did NOT appear? If that is the case, then go to the lawyer's office, give them the check back and ask for your money. He cannot refuse you. It is not his money. If he does not give it back, then file another ethics violation against him.

If that doesn't answer your question, try again.

I really am having trouble understanding what you're asking.

 

[ericsbracer]

Q: Does that mean I have no recourse regarding the check?

A: To do what? Are you saying that you were charged for the amount of that check and it was made out to a third party who did NOT appear? If that is the case, then go to the lawyer's office, give them the check back and ask for your money. He cannot refuse you. It is not his money. If he does not give it back, then file another ethics violation against him.

If that doesn't answer your question, try again.

I really am having trouble understanding what you're asking.

Yes - that's what I am saying. I have the actual subpoena AND the actual check, there was no trial, the third party never appeared - and I am being charged for the expense!

I'm sorry if I didn't express my issues clearly, and I thank you for taking the time to understand the issues I was trying to resolve.

Your help and your patience are both Greatly Appreciated!

 

[seniorjudge]

Yes - that's what I am saying. I have the actual subpoena AND the actual check, there was no trial, the third party never appeared - and I am being charged for the expense!

I'm sorry if I didn't express my issues clearly, and I thank you for taking the time to understand the issues I was trying to resolve.

Your help and your patience are both Greatly Appreciated!

You are welcome.

If he doesn't give you your money back, file another complaint.

A lawyer screwing around with a client's funds is grounds for disbarment. I doubt that this will happen here, but it is clearly not his money.