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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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If a lawyer admits in a meeting that he did not get a board

Customer Question

If a lawyer admits in a meeting that he did not get a board vote on putting in an appeal and says he was following the previous boards request is that the wrong way to go about doning the appeal?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

If the attorney is operating without the instruction of the client, he cannot charge for his services.

However, the client can "ratify" the attorney's conduct without express permission.

Generally with HOA litigation, the board does not need to have a formal vote to approve each step of the litigation. I do not have all of the information in your case, and I cannot provide you with a formal legal opinion as to the propriety of your attorney's billing, however, if your HOA attorney is billing for duplicate work, or unnecessary work, you can file for fee dispute arbitration with the attorney: http://www.nvbar.org/content/steps-fee-dispute-arbitration (Try negotiating the bill with them first, most attorneys will negotiate the bill, especially if there is at a minimum a "gray area" regarding authorization to do the work - which it appears you have here).

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