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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have been served a complaint in California regarding rebating

Customer Question

I have been served a complaint in California regarding rebating life insurance premiums in California. I just want to file a demurrer because it is legal in two states, Florida and California. I just want to know how much it would cost for an attorney to file for me. Thanks....
Submitted: 3 years ago.
Category: Legal
Expert:  TexLaw replied 3 years ago.
Hi,

Thank you for your question.

As part of my international practice, I regularly hire lawyers in California to work on files for my firm. I find that the average hourly fee for a lawyer to perform litigation services is around $400 per hour. This is especially true in the larger cities.

An attorney who files any kind of pleading in a case is under law "in charge" of the case and assumes direct responsibility for handling the matter on behalf of the client. Thus, you won't be able to hire an attorney to do a one-off representation on a special demurrer, because that is simply not something allowed under the rules. The attorney would also have to prepare the rest of the defensive pleadings, and would assume responsibility for your case until the attorney is officially withdrawn from the case as your representative.

Thus, if you are probably looking at a retainer request in the amount between $5,000 to $10,000 to start work on the case for you in filing the specific demurrer. A demurrer on a point of law such as what you are talking about will take several hours to put together, and could easily cost a few thousand. So if it is successful and the case is dismissed, you could potentially receive a small refund of the unused portion of the retainer.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN

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