Q: An att. offered a “free” cons. to determine if he will take my case. He did and now wants to be paid for the consult.
I did sign the CA fee agreement.
A provision stated that NO work starts until I sign + $2K dep.
No mention of any fees for work before the effective date.
3 mo. after the effective date, I received my first bill for $3K for the "work" bfr. the contract sig. and another $3K for "work" after.
He put an attny. lien for the total $6K-$2K (dep.) against my estate distribution.
Is he conflating two different fees? The $3K for "work" before the contract should not be bundled with the lien. Can he combine the two fees in the lien? He claims that the fees for "work" prior to the contract is payable to the attny. under common law.
Had he not waited 3 months to bill me, I would never allow further work.
I read in Business and Professions Code Section 6148 governs non-contingent fee agreements. that require the attn. to have a written contract if fees, will exceed $1K. He charged $3k w/o contract. The lien maximum possible value should be only $3k-$2k(dep). Am I wrong?
A:
Based upon your representation of the facts the attorney has done a number of things that violate the Rules of Professional Conduct in California.
1. Free consultation. The problem with this is proof. Does the attorney have a website or advertising stating "free consultation?" If he/she does then you have evidence of an offer of free consultation, and that consultation should be free.
2, What happens thereafter the initial may not be free.
3. If there is no written agreement how were you informed of the charges? Were you told there is an hourly rate? If so did you agree to it and did you receive any invoices?
4. The attorney has a big problem charging in excess of $1,000 without a written retainer agreement.
5. The attorney has a big problem not billing you until after 3 months.
There may well be other significant problems based upon facts that you did not mention. This is a case to report to the State Bar of California. The Bar has complaint forms and they can guide you through the process. Mainly, you need to state all of the facts and request what remedy, or remedies, you would like to see.
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