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Lawyer won't give case file for fee dispute

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reeftank

Junior Member
California

Our lawyer filed a lawsuit against us for $1400+ for work that he did not inform us was going to be done and that we did not ask for. This is after his $5000 retainer. I specifically told him not to go beyond retainer and I'm not sure what he did for $5000. In CA and in our fee agreement, we are entitled to arbitration. Lawyer claims we waived right to arbitration when he sent notice to arbitrate last year but I never got notice. I've I asked for our case file and bills and he keeps stalling. He also had another lawyer in his office call my girlfriend and tell her I should settle because arbitration costs about $1500 per day per party and we'll have to hire an attorney. I called back this attorney and she said they have proof they gave us notice last year even though the lawsuit was filed this year (a couple weeks ago) and I must have an attorney because they are suing me as an individual and my company thats incorporated. How do I get our case file as well as timesheets? And can he reject arbitration?

Also, when he sent lawsuit papers, we weren't originally properly served. When I questioned this, his office said it doesn't work that way. I ignored it and we were eventually served.

I don't want to go into details about why we hired the lawyer but I feel scammed because a couple days after I signed the retainer, he said it would take atleast $250,000 to litigate against the big corporation we arguing against. I said I did not want to litigate and I feel he ran the clock on us to run out the $5000 retainer and then added $1400 of stuff I never asked for.
 


tranquility

Senior Member
First, make sure you make/have made a provable demand for your file. If, within a reasonable amount of time you don't get it, report him to the Bar. If it is truly part of your file (the definition is not always simple as to what your "file" is), the Bar WILL motivate him.

As to arbitration, are you sure you want to go that way? Any attorney with time in court will know all the arbitrators and their tendencies. (Or, know someone who knows, or has reference materials.) For something this small, arbitration seems like it would be more expensive than it's worth--unless there is a loser pays clause in your retainer agreement.
 

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