This is a long story. With more details you may help me by providing me to-the-point suggestions, answers and ideas.
Accident brief
Rear-ended collision in Oct., 2003. The other driver attempted to hit and run but failed due to his pickup truck being totaled. A false witness and his wife were called in to the scene 15 and 20 minutes after the incident respectively. The accident was reported to the local police 30 minutes after the impact by a patrol officer with no jurisdiction who happened to pass the scene.
My main injuries: head, and neck - two discs protruded with one abutting on the thecal sac (硬膜), the other impinging the spinal cord. Since 2007 both discs have flattened the cord. Doctors recommended surgery in 2007 and 2008.
I lost my medical insurance due to the accident, and I am now on the waiting list to be enrolled in California Major Risk Medical Insurance Program which would cost me EXTRA over $8000 yearly for premium whether for a PPO or HMO comparing with non major risk person with the same coverage.
I retained an attorney who was substituted by a trial attorney to assist him after I declined the defense’s offer. Then the trial attorney quitted. I failed to locate an attorney after that for the reasons I was told by potential attorneys:
A.Case too old. There would not be enough time for newly participated lawyer to prepare for trial as the judge more likely would not continue the trial since it had already been continued by the defense for 3 times.
B.Case too complicated. (Seemed complicated because the defendant’s then employer lied at the deposition to evade liability.)
C.Former attorney fee lien.
D.No policy limit disclosure from the employer’s insurance
I went to the court by myself on the trial day and settled the case by accepting what the defense had offered: total $50,000 (auto policy limit $25,000, defendant $5000 and employer’s insurance $20000) which was, as a matter of fact, the demand made by my trial attorney without my knowledge.
I requested the attorney to endorse the 2 checks with total amount $30,000 so I can deposit them since the other check of $20,000 would secure the fee and cost lien of $12,500 he demanded (I have already paid off all other liens.). But he refused to do so. I do not think he deserves his fee of $12,000 based on the facts below:
Unprofessional practice – the original attorney
1. Failed to request a very important piece of evidence
Since CA is not a “no fault” sate and the defendant accused me of “unexpectedly slammed on her brakes and stopped on a yellow light”, the only and crucial evidence for me to prove the defendant being of 100% fault was his cell phone bills which would prove: A) He was talking on the phone which caused the accident; B) He called in the false witness; C) He never called police. I requested the attorney to obtain them for 3 times, he never did and the last time he said it was already past the discovery cut off date. Otherwise, the defendant himself might have contributed more than $5,000 as he would have had no defense at all after all his lies debunked.
2. Failed to depose the defendant in time
The defendant’s deposition was scheduled in June, 2006, but it did not occur until Jan., 2007 the day before MSC. At the deposition, the defendant changed his story and disclosed he was employed the time the accident happened. To protect his client’s personal assets, the defendant’s attorney started to locate the employer. Thus, the Feb. 2007 trial date was vacated and continued to May, 2007. It took a few months for the defense to prove who was the real employer because the employer at the beginning claimed another company being legal employer. Finally, after deposing a second person from the employer’s company, more documents revealed the employment and proved the other company being a workers compensation insurer which later also challenged the jurisdiction of the local court by claiming sovereign immunity – an Indian tribal entity. Even with all the hard evidences including income tax withheld, work hour tally, etc., the employer now claimed the defendant was a contractor instead of an employee. The trial was continued again to Oct., 2007 during the discovery of the employer, and postponed by the defense once more to April, 2008. If my attorney had deposed the defendant as originally scheduled, the trial date would not have been continued for so many times, nor would he have needed a trial attorney to assist him. The case would not have been such old.
3. Claim of earnings loss was forced to be altered
When responding interrogatories regarding earnings loss in April 2006, My attorney did not allow me to include earnings loss. Reasons: A) It was difficult to substantiate it for a self employed person. B) He did not know how to read the business tax return. I brought all the documents to his office for him to see if I could substantiate it, he was angry with me without even looking at the documents. I had no other choice except excluding it. Later, I was told his warding “ plaintiff is not making a claim for loss of earnings” closed the door for me to reclaim it. I was also told that an experienced attorney would always retain a leeway by adding “ at this time”. No claim of earnings loss also contributed to no attorney being interested in my case later, and the trial attorney’s quit because not enough money could be seen.
(Questions: Is that true his that wording completely prohibited me from reclaiming it or just made reclaiming it more difficult? The original Complaints filed with the court included it.)
4. The service not deserving 40% fee according to the Agreement
He had repeatedly persuaded me to accept the offer of policy limit $25000 since Aug. 2006. In Dec. 2006 he was willing to reduce his fee from 10,000 (40% of $25000) to $3,500 if I would accept the offer $25,000. I rejected it. To avoid trial and his personal assets in jeopardy, the defendant offered $5000 10 days before the original trial date. When I was locating attorney later, I offered my attorney $3500 for his fee so he could provide me a statement of no fee lien on my case which was required by potential attorneys . He insisted on 40% of whatever the judgment would be knowing that I might have surgery; and demanded $12000 after realizing I lost my medical insurance and no surgery was scheduled, in addition to unable to find an attorney.
A. According to the Contingency Fee Agreement, he is entitled to 40% with the precondition “……prosecute Client’s claim to judgment in trial court.” Since he including his assistant counsel voluntarily withdrew from my case and failed to take the case to trial in court, which affected my compensation tremendously.
B. He repeatedly persuade me to accept the 25,000 offer including on one occasion he was angry and yelling at me after I rejected the offer. It was I who persisted in pursuing my right of a fair settlement, which led to the defendant’s personal contribution of $5000. Even if I agreed his fee 40%, that would be $10000 (40% of $25000) instead of $12000
5. Failed to make investigation of the defendant’s personal assets.
6. Attempted to take 40% of $13000 from the reimbursement of my rental car expenses.
Unprofessional practice – the trial attorney (who had no fee lien on my case)
After making sure the employer’s insurance would kick in, he replaced the previous one in May, 2007. With my experience with the previous attorney, I sent him an email telling him I wanted to be fully involved in my case and requested to be informed
prior to every step he would take.
1.Failed to participate in the depositions of the doed-in defendant – the employer. So there was no employer’s insurance policy limit disclosure. (I have no idea why the defendant’s attorney did not get this most important information when he took the deposition of the second person from the employer’s business.)
2.Kept ignoring my phone calls and emails which prevented him from being aware of my medical bills since Jan. 2007, my worsening symptoms and the fact that no underwriter would offer me medical insurance due to the injury. Once I had to complain about his ignoring me and requested him just reply my emails by a simple “yes” or “no”.
3.Sent out response to supplementary interrogatories and produce of documents without my knowledge and/or signature on the Verification.
4.Made a demand of total $50000 without my notice, without knowing the development of my injury and related issues. In Sept., 2007, when I received a letter form his office notifying mediation date, I mentioned if I should bring the 4 MRI taken in 2007 to the mediation. He realized there were about $10,000 medical bills he did not know, and he then made a second demand of total $75,000. The employer’s attorney rejected it by saying ”Your exact words to me were that a $50,000 demand had been made…...You never said you needed additional $25000 to settle the case. In fact, it sound like that may not be the case….., but I advised the carrier of the above conversation and based upon the $50,000 demand and a $3000 offer….” I did not know it until I got my file back saw the letter from the employer’s attorney.
Weird mediation?
The defendant’s attorney proposed mediation which was held in Oct. 2007, 11 days before the twice-postponed trial date . All three parties were separately in 3 rooms and I even did not see the other parties. I was by myself in the room most of the 3 hours. The mediator and the trial attorney told me the defense offered total $50,000. I declined with my reasons. In the end, he said the mediator could get a combined $55000. I was also warned if went to trial and the verdict was less than $50,000, I would have to pay other parties’ costs. I expressed my decision firmly that I would rather go trail instead of accepting $50000 offer. He then mentioned he would quit because he would lose money as “you never know what the jury would give you - the discrimination of immigrant and why they would give you more as the jury themselves are not making much.” I asked him to reconfirm his decision, he said “wait to see what they (the defense) would do.”
Even the defendant’s attorney said it was weird to separate us in different rooms at the mediation. Obviously, the trial attorney’s wrong doings-the above points 2. 3. 4 would have been revealed if I had met the other parties, which would affect his reputation (He was once the chair of the district bar association). The mediator and the attorney have been known to each other for many years. The fact is the attorney brings business to the mediator. Otherwise, I do not think we would be kept in different rooms. ( Question: Is it a normal way - separate all the parties, at a mediation? )
His “lose money” meant it was not worth his time to go trial. On one hand, at that time he had no idea about my medical condition, medical bills, medical insurance, etc, on the other hand, the judgment award would have to be shared with the previous attorney. In addition, there was no claim for earnings loss.
Furthermore, the trail attorney and the defendant attorney know each other, too. They once had considered partners. The defendant attorney sure would do everything possible to avoid trial as there was no sense for him to go trial since the auto insurance had offered the limit, while at trial he would be the primary counsel, not the employer’s attorney. I assumed this was another factor for the trial attorney to quit.
In mid Oct. 2007 I received a letter from him notifying the new trial date in April , 2008 without mentioning his withdrawal. On Nov. 20, 2007, I received an email ordering me “must take the file back tomorrow.”
Thanks to 老貓and APT’s responses to my previous post. Referring to Rule 4-200 under the Rules of Professional Conduct, and CA BPC Section 6147, I do not find anything wrong in the Contingency Fee Agreement ITSELF between me and the attorney (I did not have contract with the trial attorney) except the Agreement does not include Section 6147 (2) or (3) - “A statement as to how di*****ursements and costs incurred in connection with the prosecution or settlement of the claim will affect the contingency fee and the client’s recovery.”, and “ A statement as to what extent, if any, the client could be required to pay any compensation to the attorney for related matters that arise out of their relationship not covered by their contingency fee contract. ….” Therefore, Section 6147 (5) (b) “ Failure to comply with any provision of this section renders the agreement voidable at the option of the plaintiff, and the attorney shall thereupon be entitled to collect a reasonable fee.”
How to define REASONABLE?
The factors to be considered per Rule 4-200 Fees for Legal Services:
(1)The amount of the fee in proportion to the value of the service performed.
( The attorney was replaced by the trial attorney after the defense offered $25,000. As I mentioned above, the defendant’s personal $5,000 was offered through my effort, not his. The attorney is demanding his fee $12,000. But I doubt I am assessing the value of the service he performed in a proper way because it should be evaluated by taking the service quality into consideration.)
(2)The relative sophistication of the member and the client.
(I had never had car accident before this. I do not think he is sophisticated enough. A) The above mentioned his wording regarding the claim of earnings loss. B) He should have taken the deposition of the defendant earlier since defendant had limited auto policy to make sure whether the defendant was employed or not as many people do not know how to define a contractor or employee, especially those doing handyman job. C) The defense mentioned in the documents that the plaintiff would have to provide an audio copy if choosing to audio-tape the examination by their designated doctor. I asked my attorney about it and was told it would be weird to audio tape it but it was up to me. Later I found out experienced attorneys usually would accompany their clients to the exam to witness a fair exam.)
(3)The novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly.
(This was a common auto accident. Locating the employer was all done by the defendant attorney after his was substituted by the trial attorney.)
(4)The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the member.
(Obviously,my case did not preclude his other employment.)
(5)The amount involved and the results obtained
(Reference numbers: my car was in the body shop for 8-1/2 months with repair cost about $23000, medical bills over $35000 [It would be over $50000 if I had had all the tests done in US.]. The settlement is $50,000, but it was $25,000 before his replacement + $5,000 obtained through my effort.)
(6)The time limitation imposed by the client or by the circumstances.
(The time limitation was set by the attorney: within 1 year, i.e. the case should be settled no later than Oct. 2006, or by circumstances no later than the first trail date in Feb. 2007.)
(7)The nature and the length of the professional relationship with the client.
(Nature: on contingency; length: from Oct. 2005 – April 2007. It lasted that long because he had been just waiting for the defense’s offer instead of doing what should be done actively.)
(8)The experience, reputation, and ability of the member or members perform the services.
(Leave this for you to make the judgment since now you have gone though the whole story.)
My questions:
1.Is my attorney entitled to his fee for what he did? If yes, how much do you think would be reasonable for his fee?
2.I sent him an email several days ago and he has been ignoring me. I sent him a letter yesterday requesting him to justify his fee $12000 within 10 days. What should I do if he ignores it too? Is there any law as to the attorney must reply it in a certain period of time?
3.Do I have choices to resolve the fee dispute? And what is the best way?
4.The deposition/court reporter cost is usually around $230. One deposition costed about $450. Per the invoice, it was an original and a coy. Can I refuse to pay the copy as I had voluntarily made all the other copies for him and I do not see there was any other reason for him to pay more than $200 for a copy of 28 single side pages than wasting my money?
5.I paid the mediation cost about $1100 to the trial attorney. Based on the fact that the so-called defense offer $50000 was actually the trial attorney’s demand. His second demand of $75000 only explains he had known this case was worth at lease$75000. (Imaging: if you had said to the other party my client demanded $50000 to settle the case, would you tell the other party a few days later I needed additional $50,000 after you realized the case was really worth 100,000 or 150,000, and expect the other party to accept?) The attorney was apparently not representing me. The mediation was only for his own interest, not mine. Do you think I can get the mediation cost back at small claim court?
6.If I have to appeal to court, would the attorney be responsible for the interest of the $30,000 of the 2 settlement checks that he refused to endorse as it is unnecessary for him to prohibit me from deposit it since the other check $2000 could secure his demanded lien amount?
7.With what I listed as their unprofessional doings, which are inconsistent with the ethical standards or other rules for the attorney in CA?
Your valuable opinions, recommendations will be greatly appreciated.
Accident brief
Rear-ended collision in Oct., 2003. The other driver attempted to hit and run but failed due to his pickup truck being totaled. A false witness and his wife were called in to the scene 15 and 20 minutes after the incident respectively. The accident was reported to the local police 30 minutes after the impact by a patrol officer with no jurisdiction who happened to pass the scene.
My main injuries: head, and neck - two discs protruded with one abutting on the thecal sac (硬膜), the other impinging the spinal cord. Since 2007 both discs have flattened the cord. Doctors recommended surgery in 2007 and 2008.
I lost my medical insurance due to the accident, and I am now on the waiting list to be enrolled in California Major Risk Medical Insurance Program which would cost me EXTRA over $8000 yearly for premium whether for a PPO or HMO comparing with non major risk person with the same coverage.
I retained an attorney who was substituted by a trial attorney to assist him after I declined the defense’s offer. Then the trial attorney quitted. I failed to locate an attorney after that for the reasons I was told by potential attorneys:
A.Case too old. There would not be enough time for newly participated lawyer to prepare for trial as the judge more likely would not continue the trial since it had already been continued by the defense for 3 times.
B.Case too complicated. (Seemed complicated because the defendant’s then employer lied at the deposition to evade liability.)
C.Former attorney fee lien.
D.No policy limit disclosure from the employer’s insurance
I went to the court by myself on the trial day and settled the case by accepting what the defense had offered: total $50,000 (auto policy limit $25,000, defendant $5000 and employer’s insurance $20000) which was, as a matter of fact, the demand made by my trial attorney without my knowledge.
I requested the attorney to endorse the 2 checks with total amount $30,000 so I can deposit them since the other check of $20,000 would secure the fee and cost lien of $12,500 he demanded (I have already paid off all other liens.). But he refused to do so. I do not think he deserves his fee of $12,000 based on the facts below:
Unprofessional practice – the original attorney
1. Failed to request a very important piece of evidence
Since CA is not a “no fault” sate and the defendant accused me of “unexpectedly slammed on her brakes and stopped on a yellow light”, the only and crucial evidence for me to prove the defendant being of 100% fault was his cell phone bills which would prove: A) He was talking on the phone which caused the accident; B) He called in the false witness; C) He never called police. I requested the attorney to obtain them for 3 times, he never did and the last time he said it was already past the discovery cut off date. Otherwise, the defendant himself might have contributed more than $5,000 as he would have had no defense at all after all his lies debunked.
2. Failed to depose the defendant in time
The defendant’s deposition was scheduled in June, 2006, but it did not occur until Jan., 2007 the day before MSC. At the deposition, the defendant changed his story and disclosed he was employed the time the accident happened. To protect his client’s personal assets, the defendant’s attorney started to locate the employer. Thus, the Feb. 2007 trial date was vacated and continued to May, 2007. It took a few months for the defense to prove who was the real employer because the employer at the beginning claimed another company being legal employer. Finally, after deposing a second person from the employer’s company, more documents revealed the employment and proved the other company being a workers compensation insurer which later also challenged the jurisdiction of the local court by claiming sovereign immunity – an Indian tribal entity. Even with all the hard evidences including income tax withheld, work hour tally, etc., the employer now claimed the defendant was a contractor instead of an employee. The trial was continued again to Oct., 2007 during the discovery of the employer, and postponed by the defense once more to April, 2008. If my attorney had deposed the defendant as originally scheduled, the trial date would not have been continued for so many times, nor would he have needed a trial attorney to assist him. The case would not have been such old.
3. Claim of earnings loss was forced to be altered
When responding interrogatories regarding earnings loss in April 2006, My attorney did not allow me to include earnings loss. Reasons: A) It was difficult to substantiate it for a self employed person. B) He did not know how to read the business tax return. I brought all the documents to his office for him to see if I could substantiate it, he was angry with me without even looking at the documents. I had no other choice except excluding it. Later, I was told his warding “ plaintiff is not making a claim for loss of earnings” closed the door for me to reclaim it. I was also told that an experienced attorney would always retain a leeway by adding “ at this time”. No claim of earnings loss also contributed to no attorney being interested in my case later, and the trial attorney’s quit because not enough money could be seen.
(Questions: Is that true his that wording completely prohibited me from reclaiming it or just made reclaiming it more difficult? The original Complaints filed with the court included it.)
4. The service not deserving 40% fee according to the Agreement
He had repeatedly persuaded me to accept the offer of policy limit $25000 since Aug. 2006. In Dec. 2006 he was willing to reduce his fee from 10,000 (40% of $25000) to $3,500 if I would accept the offer $25,000. I rejected it. To avoid trial and his personal assets in jeopardy, the defendant offered $5000 10 days before the original trial date. When I was locating attorney later, I offered my attorney $3500 for his fee so he could provide me a statement of no fee lien on my case which was required by potential attorneys . He insisted on 40% of whatever the judgment would be knowing that I might have surgery; and demanded $12000 after realizing I lost my medical insurance and no surgery was scheduled, in addition to unable to find an attorney.
A. According to the Contingency Fee Agreement, he is entitled to 40% with the precondition “……prosecute Client’s claim to judgment in trial court.” Since he including his assistant counsel voluntarily withdrew from my case and failed to take the case to trial in court, which affected my compensation tremendously.
B. He repeatedly persuade me to accept the 25,000 offer including on one occasion he was angry and yelling at me after I rejected the offer. It was I who persisted in pursuing my right of a fair settlement, which led to the defendant’s personal contribution of $5000. Even if I agreed his fee 40%, that would be $10000 (40% of $25000) instead of $12000
5. Failed to make investigation of the defendant’s personal assets.
6. Attempted to take 40% of $13000 from the reimbursement of my rental car expenses.
Unprofessional practice – the trial attorney (who had no fee lien on my case)
After making sure the employer’s insurance would kick in, he replaced the previous one in May, 2007. With my experience with the previous attorney, I sent him an email telling him I wanted to be fully involved in my case and requested to be informed
prior to every step he would take.
1.Failed to participate in the depositions of the doed-in defendant – the employer. So there was no employer’s insurance policy limit disclosure. (I have no idea why the defendant’s attorney did not get this most important information when he took the deposition of the second person from the employer’s business.)
2.Kept ignoring my phone calls and emails which prevented him from being aware of my medical bills since Jan. 2007, my worsening symptoms and the fact that no underwriter would offer me medical insurance due to the injury. Once I had to complain about his ignoring me and requested him just reply my emails by a simple “yes” or “no”.
3.Sent out response to supplementary interrogatories and produce of documents without my knowledge and/or signature on the Verification.
4.Made a demand of total $50000 without my notice, without knowing the development of my injury and related issues. In Sept., 2007, when I received a letter form his office notifying mediation date, I mentioned if I should bring the 4 MRI taken in 2007 to the mediation. He realized there were about $10,000 medical bills he did not know, and he then made a second demand of total $75,000. The employer’s attorney rejected it by saying ”Your exact words to me were that a $50,000 demand had been made…...You never said you needed additional $25000 to settle the case. In fact, it sound like that may not be the case….., but I advised the carrier of the above conversation and based upon the $50,000 demand and a $3000 offer….” I did not know it until I got my file back saw the letter from the employer’s attorney.
Weird mediation?
The defendant’s attorney proposed mediation which was held in Oct. 2007, 11 days before the twice-postponed trial date . All three parties were separately in 3 rooms and I even did not see the other parties. I was by myself in the room most of the 3 hours. The mediator and the trial attorney told me the defense offered total $50,000. I declined with my reasons. In the end, he said the mediator could get a combined $55000. I was also warned if went to trial and the verdict was less than $50,000, I would have to pay other parties’ costs. I expressed my decision firmly that I would rather go trail instead of accepting $50000 offer. He then mentioned he would quit because he would lose money as “you never know what the jury would give you - the discrimination of immigrant and why they would give you more as the jury themselves are not making much.” I asked him to reconfirm his decision, he said “wait to see what they (the defense) would do.”
Even the defendant’s attorney said it was weird to separate us in different rooms at the mediation. Obviously, the trial attorney’s wrong doings-the above points 2. 3. 4 would have been revealed if I had met the other parties, which would affect his reputation (He was once the chair of the district bar association). The mediator and the attorney have been known to each other for many years. The fact is the attorney brings business to the mediator. Otherwise, I do not think we would be kept in different rooms. ( Question: Is it a normal way - separate all the parties, at a mediation? )
His “lose money” meant it was not worth his time to go trial. On one hand, at that time he had no idea about my medical condition, medical bills, medical insurance, etc, on the other hand, the judgment award would have to be shared with the previous attorney. In addition, there was no claim for earnings loss.
Furthermore, the trail attorney and the defendant attorney know each other, too. They once had considered partners. The defendant attorney sure would do everything possible to avoid trial as there was no sense for him to go trial since the auto insurance had offered the limit, while at trial he would be the primary counsel, not the employer’s attorney. I assumed this was another factor for the trial attorney to quit.
In mid Oct. 2007 I received a letter from him notifying the new trial date in April , 2008 without mentioning his withdrawal. On Nov. 20, 2007, I received an email ordering me “must take the file back tomorrow.”
Thanks to 老貓and APT’s responses to my previous post. Referring to Rule 4-200 under the Rules of Professional Conduct, and CA BPC Section 6147, I do not find anything wrong in the Contingency Fee Agreement ITSELF between me and the attorney (I did not have contract with the trial attorney) except the Agreement does not include Section 6147 (2) or (3) - “A statement as to how di*****ursements and costs incurred in connection with the prosecution or settlement of the claim will affect the contingency fee and the client’s recovery.”, and “ A statement as to what extent, if any, the client could be required to pay any compensation to the attorney for related matters that arise out of their relationship not covered by their contingency fee contract. ….” Therefore, Section 6147 (5) (b) “ Failure to comply with any provision of this section renders the agreement voidable at the option of the plaintiff, and the attorney shall thereupon be entitled to collect a reasonable fee.”
How to define REASONABLE?
The factors to be considered per Rule 4-200 Fees for Legal Services:
(1)The amount of the fee in proportion to the value of the service performed.
( The attorney was replaced by the trial attorney after the defense offered $25,000. As I mentioned above, the defendant’s personal $5,000 was offered through my effort, not his. The attorney is demanding his fee $12,000. But I doubt I am assessing the value of the service he performed in a proper way because it should be evaluated by taking the service quality into consideration.)
(2)The relative sophistication of the member and the client.
(I had never had car accident before this. I do not think he is sophisticated enough. A) The above mentioned his wording regarding the claim of earnings loss. B) He should have taken the deposition of the defendant earlier since defendant had limited auto policy to make sure whether the defendant was employed or not as many people do not know how to define a contractor or employee, especially those doing handyman job. C) The defense mentioned in the documents that the plaintiff would have to provide an audio copy if choosing to audio-tape the examination by their designated doctor. I asked my attorney about it and was told it would be weird to audio tape it but it was up to me. Later I found out experienced attorneys usually would accompany their clients to the exam to witness a fair exam.)
(3)The novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly.
(This was a common auto accident. Locating the employer was all done by the defendant attorney after his was substituted by the trial attorney.)
(4)The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the member.
(Obviously,my case did not preclude his other employment.)
(5)The amount involved and the results obtained
(Reference numbers: my car was in the body shop for 8-1/2 months with repair cost about $23000, medical bills over $35000 [It would be over $50000 if I had had all the tests done in US.]. The settlement is $50,000, but it was $25,000 before his replacement + $5,000 obtained through my effort.)
(6)The time limitation imposed by the client or by the circumstances.
(The time limitation was set by the attorney: within 1 year, i.e. the case should be settled no later than Oct. 2006, or by circumstances no later than the first trail date in Feb. 2007.)
(7)The nature and the length of the professional relationship with the client.
(Nature: on contingency; length: from Oct. 2005 – April 2007. It lasted that long because he had been just waiting for the defense’s offer instead of doing what should be done actively.)
(8)The experience, reputation, and ability of the member or members perform the services.
(Leave this for you to make the judgment since now you have gone though the whole story.)
My questions:
1.Is my attorney entitled to his fee for what he did? If yes, how much do you think would be reasonable for his fee?
2.I sent him an email several days ago and he has been ignoring me. I sent him a letter yesterday requesting him to justify his fee $12000 within 10 days. What should I do if he ignores it too? Is there any law as to the attorney must reply it in a certain period of time?
3.Do I have choices to resolve the fee dispute? And what is the best way?
4.The deposition/court reporter cost is usually around $230. One deposition costed about $450. Per the invoice, it was an original and a coy. Can I refuse to pay the copy as I had voluntarily made all the other copies for him and I do not see there was any other reason for him to pay more than $200 for a copy of 28 single side pages than wasting my money?
5.I paid the mediation cost about $1100 to the trial attorney. Based on the fact that the so-called defense offer $50000 was actually the trial attorney’s demand. His second demand of $75000 only explains he had known this case was worth at lease$75000. (Imaging: if you had said to the other party my client demanded $50000 to settle the case, would you tell the other party a few days later I needed additional $50,000 after you realized the case was really worth 100,000 or 150,000, and expect the other party to accept?) The attorney was apparently not representing me. The mediation was only for his own interest, not mine. Do you think I can get the mediation cost back at small claim court?
6.If I have to appeal to court, would the attorney be responsible for the interest of the $30,000 of the 2 settlement checks that he refused to endorse as it is unnecessary for him to prohibit me from deposit it since the other check $2000 could secure his demanded lien amount?
7.With what I listed as their unprofessional doings, which are inconsistent with the ethical standards or other rules for the attorney in CA?
Your valuable opinions, recommendations will be greatly appreciated.
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