My attorney brought in an attorney in May, 2007 to substitute him for trial in an personal injury case. The substituted attorney voluntarily quitted 6 months before the trail date. Relevant documents were filed with the court. I settled the case with the defense parties in April, 2008. The first attorney put a fee lien on the 3 settlement checks.
I sent to the attorney emails and made phone calls trying to solve the fee dispute. He insisted 40% of the settlement amount. I had been willing to pay him something for his time though our contract was on contingency, and was ended after the substituting attorney’s voluntarily quit.
I spent months on reading every single documents in the case file. Thanks to STP and Lao Mao's information and advices, I realized both attorneys committed legal malpractice on several points pursuant to CA Rules of Professional Conduct.
In July 2008, I sent a letter to the attorney and mentioned a couples of main reasons why I did not think he deserve a fee of 40% of the settlement amount , and requested him to respond in 10 days:
1)to justify his fee
2)to endorse 2 of the 3 checks because one check was way enough to secure his demand of 40%.
He did not justify his fee, nor did he agree to release the lien from the 2 checks as I requested. Instead he asked me to give him a figure to compensate his time.
In Oct. 2008 I sent him a letter listing 11 facts including the evidences of legal malpractice, for which I believed he was entitled to zero fee. At the same time I requested him to release the lien immediately if he was unable not justify his fee, or I might seek bank deposit interest damage.
In Nov. 2008 he released the lien from 2 of the 3 checks. I am still unable to deposit the remain check. today.
My questions:
1) Legally, when was the contract ended, the time he was substituted by the one he brought in, or the time the substitute attorney withdrew (I had no contract with the substituted attorney.)?
2) What is the law governing people putting baseless lien on other people’s property? (in CA)
Thanks in advance.
I sent to the attorney emails and made phone calls trying to solve the fee dispute. He insisted 40% of the settlement amount. I had been willing to pay him something for his time though our contract was on contingency, and was ended after the substituting attorney’s voluntarily quit.
I spent months on reading every single documents in the case file. Thanks to STP and Lao Mao's information and advices, I realized both attorneys committed legal malpractice on several points pursuant to CA Rules of Professional Conduct.
In July 2008, I sent a letter to the attorney and mentioned a couples of main reasons why I did not think he deserve a fee of 40% of the settlement amount , and requested him to respond in 10 days:
1)to justify his fee
2)to endorse 2 of the 3 checks because one check was way enough to secure his demand of 40%.
He did not justify his fee, nor did he agree to release the lien from the 2 checks as I requested. Instead he asked me to give him a figure to compensate his time.
In Oct. 2008 I sent him a letter listing 11 facts including the evidences of legal malpractice, for which I believed he was entitled to zero fee. At the same time I requested him to release the lien immediately if he was unable not justify his fee, or I might seek bank deposit interest damage.
In Nov. 2008 he released the lien from 2 of the 3 checks. I am still unable to deposit the remain check. today.
My questions:
1) Legally, when was the contract ended, the time he was substituted by the one he brought in, or the time the substitute attorney withdrew (I had no contract with the substituted attorney.)?
2) What is the law governing people putting baseless lien on other people’s property? (in CA)
Thanks in advance.
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