Q: I feel I was frauded by a highly ranked lawyer from San Jose CA that I paid $17,500 dollars to for my son?
When I called the lawyer I explained to him what had happened from there I asked him how much he would charge for a case like my son's he said anywhere from 7500 to 12,500 well I gave him my son's information and waited for 2 wks and I asked him if he would take the case . Well he started emailing me that if I wanted him on my son's case then I need to hurry up and get him a payment to which my friend whom offered to do this for me and my son went to the bank and had a cashier's check made out to him in his name and in the amount of 7500 but it was funny cause he never met with me or my friend whom was paying for this he never signed a contract with us he didn't even met with us personally he told us to leave the cashier's check with his secretary. So once he got that at he was acting as he was really trying to help my son but then after a month and a half he started calling me back telling me he needed another $10,000 to continue on the case so me and my friend got him another check
A:
I am not licensed to practice in your state, so this answer should not be considered as legal advice.
In short, the lawyer's actions seem to be suspicious, and they might constitute legal malpractice and fraud. I would speak to an attorney in California to hash these issues out.
Here are the items which are likely relevant from your question:
- Deviating significantly from the lawyer's initially quoted fee could be considered a misrepresentation of fees.
- Failing to sign a contract with you or meet with you personally might indicate a lack of transparency and accountability.
- Asking you to leave a cashier's check with the secretary without a formal agreement also might suggest suspicious business practices.
Here's what you could do (and again, I am not licensed in California, so this is the best I could find): You probably will want to file a complaint with the State Bar of California against the lawyer for potential legal malpractice and fraud. Then, you probably will want to get legal advice from another attorney to look into your options in recovering the fees you paid; you will also want to consider pursuing legal action against the lawyer.
I hope this helps.
A:
Under California law, attorneys are required to adhere to strict ethical standards when handling client funds and representing clients. It is concerning that the lawyer you dealt with did not personally meet with you or your friend, nor did he provide a signed contract outlining the terms of representation and the fees involved. This lack of personal interaction and formal agreement raises red flags regarding the lawyer's conduct and the handling of your son's case.
California law mandates that attorneys must enter into written fee agreements with their clients for any legal services that are expected to cost $1,000 or more. This agreement should clearly specify the scope of the services to be provided, the fees charged, and any other important terms. By not providing you with a signed contract or discussing the details of representation in person, the lawyer may have violated these legal requirements.
Moreover, attorneys are obligated to communicate transparently with their clients regarding the progress of the case and any additional fees that may arise. Requesting an additional $10,000 after initially receiving $7,500 without a clear explanation or justification is highly irregular. Attorneys must justify any additional fees based on the work performed and should not demand substantial sums without providing clear reasons and documentation.
Given these circumstances, it is advisable to seek immediate legal advice from another attorney who can review the situation and advise you on your options. You may have grounds to file a complaint with the State Bar of California, which oversees attorney conduct, particularly concerning ethical violations and potential fee disputes. Protecting your rights and ensuring proper legal representation for your son is paramount, and consulting with a trusted legal professional can help clarify your next steps in addressing this concerning situation.
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