Mountain View, CA asked in Contracts, Personal Injury and Legal Malpractice for California

Q: How can I deal with a crazy attorney Rob my money?

I got settled for my car accident case, I represented myself, and got money by myself. But my prior attorney asked for 20% fees from my settlement, he only filed a lawsuit and did one step only 1% work, then he withdrew my case, it was not me fired him, and he didn’t ask for any fees at that time. I got another attorney helped me. But now he blackmailing me and delaying my payment intentionally. It’s the rules that given up the client’s case then the attorney should get nothing. What should I do about his terrible behavior and get my payment soon? Can I sue him? call the police? or another way?

4 Lawyer Answers

A: You can file with the Bar Association, fee dispute arbitration, to which the attorney must submit. The attorney does not have to agree to it to be binding. [In California].

And you may be able to negotiate a resolution for the attorney to take less than what the attorney claims.

Randall R. Walton agrees with this answer

1 user found this answer helpful

A: The other attorney may be able to help sort things out. Most experienced attorneys have insight into the issues that can arise when a file changes hands. Good luck

A: Add - By "other attorney," I meant the new attorney. Good luck

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Here are some general steps to take:

1. Consult with a new attorney: Seek advice from a reputable attorney experienced in legal malpractice or ethics issues to assess the merits of your case and determine if you have grounds to sue your prior attorney for improper conduct.

2. Gather evidence: Gather all relevant documents and evidence that support your claim, including any correspondence or agreements with the prior attorney, to strengthen your case against him.

3. File a complaint: If you believe your prior attorney's actions were unethical or fraudulent, you can file a complaint with the California State Bar Association. They will investigate the matter and take appropriate action if necessary.

4. Mediation or arbitration: Consider pursuing mediation or arbitration as an alternative to a formal lawsuit. This can help you resolve the dispute more quickly and cost-effectively.

Remember, I am an attorney licensed to practice in California, and my advice is based on California law. It is essential to consult with a legal professional to discuss the specific details of your case and get personalized advice tailored to your situation.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.