回複：Another Law Suit ?!

1.Is the court recital binding on the defense in regard to my original attorney as a payee on the settlement drafts?
In other words, if it is binding, then this payee should be omitted from the checks since he claimed lien after the recital. Right?

因為沒有看到原始的文件,這個問題老貓無法給予您一個明確的答覆,然而老貓個人不認為您可以這麼做.

2.What are the choices for me to solve the fee dispute? What is the best way?
有關您與您的律師收費的問題,基本上是由加州RULES OF PROFESSIONAL CONDUCT來規範,相關規定如下,重要關鍵在於對方收取的費用必須"師出有名".所以您第一件需要做的事是您需要對方提供您一份詳細有關個別項目收費的明細.

Rule 4-200. Fees for Legal Services
(A) A member shall not enter into an agreement for, charge,
or collect an illegal or unconscionable fee.
(B) Unconscionability of a fee shall be determined on the
basis of all the facts and circumstances existing at the time
the agreement is entered into except where the parties
contemplate that the fee will be affected by later events.
Among the factors to be considered, where appropriate, in
determining the conscionability of a fee are the following:
(1) The amount of the fee in proportion to the value of
the services performed.
(2) The relative sophistication of the member and the
client.
(3) The novelty and difficulty of the questions involved
and the skill requisite to perform the legal service
properly.
(4) The likelihood, if apparent to the client, that the
acceptance of the particular employment will preclude
other employment by the member.
(5) The amount involved and the results obtained.
(6) The time limitations imposed by the client or by the
circumstances.
(7) The nature and length of the professional relationship
with the client.
(8) The experience, reputation, and ability of the member
or members performing the services.
(9) Whether the fee is fixed or contingent.
(10) The time and labor required.
(11) The informed consent of the client to the fee.


3.Would his breach of the agreement (failed to bring the case to trial) be enough for him to get nothing if I file the case at court?
If so,he would end up to pay my attorney fee in addition to filing cost should I retain an attorney and file the case. Is that right?

首先您必須了解, 沒有一個律師可以保證一個案件的結果一定如您的希望,然而failed to bring the case to trial 並不代表對方一定失職.加州的RULES OF PROFESSIONAL CONDUCT對於律師在Trial Conuct中所需要遵守的規定有下列五點,除非您的律師違反了其中任何一條,他的行為不能成為失職,當然如果因為在準備這個訴訟的過程中,如果他有任何的行為造成這個訴訟無法繼續進行,那麼可以說他是失職.
(在您的帖子中您提出他事實上有聘任另外一位律師來協助他準備這個案件,但是對方在開庭前退出了這個案件,老貓很好奇的想知道對方因為什麼理由退出這個案件?)


Rule 5-200. Trial Conduct
In presenting a matter to a tribunal, a member:
(A) Shall employ, for the purpose of maintaining the causes
confided to the member such means only as are consistent
with truth;
(B) Shall not seek to mislead the judge, judicial officer, or
jury by an artifice or false statement of fact or law;
(C) Shall not intentionally misquote to a tribunal the
language of a book, statute, or decision;
(D) Shall not, knowing its invalidity, cite as authority a
decision that has been overruled or a statute that has been
repealed or declared unconstitutional; and
(E) Shall not assert personal knowledge of the facts at
issue, except when testifying as a witness.


4.If I have to file the case at court, do you think I can handle it without an attorney? To me, the procedure seems much simpler, as there would be no expert witness needed, nor would there be deposition taken. I do not even think jury is needed as this is a pure technical issue – contract law. Am I right?

這個問題老貓同樣無法給予您一個定論,不過主要的問題在於規範律師的執行業務行為有單獨的規定,所以您必須考慮的是這不單純是一個合約的關係,同時是一個對方是否有任何行為逾越了法律對其職行業務行為的規範,所以這個部份在您對其進行任何法律訴訟之前,您必須認真考慮的.

所有跟帖： 

• Email Exchanges - Valid Exhibits? -zclearwater- ♀ (910 bytes) () 07/07/2008 postreply 11:57:39