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Question

hello, i have a lemon law case (rv) and i had lemon law attorneys in ca handle my case. right before my trial was to begin (on a monday)my attorney settled the case by himself w/o my authorization on the thursday before for absolutely nothing for me that i wanted and he gets his attorney fees paid. i found out about this on friday, so i fired them on friday and went to court (in la) on monday pro per to ask for an extension to get new lawyers and to have my trial and to tell the judge that i did not approve any settlement.

Submitted: 473 days and 17 hours ago.
Category: Consumer Protection Law
Value: $15
Status: CLOSED
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Posted by Law Girl 473 days and 17 hours ago.

Answer

Dear XXXXXXXX:

Thank you for your question.

Your attorney definitely did not have the right to settle your case without your authority. So, opposing counsel may be unable to bind you to any settlement. Given your attorney's conduct it would have been within the judge's discretion to continue the trial.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

473 days and 16 hours ago.

Reply

hello, actually, i hadn't finished my question, it cut me off. anyway i went to court on monday and i was granted an extension to get new attorney for trial. so my question is should i get a lemon law attorney? or a civil trial litigation attorney expert? also the attorney that i fired sent me a letter saying that he put a lien on me that if i win my case the money goes to him first. so he did many unethical things w/ my case, so how do i get him to waive the lien? should i try and do it before i hire a new attorney or should i wait and see what the new lawyer says? also my ex-attorney wants about 4000.00 in legal fees since i fired him. should i call the bar about arbitration? before it i delinquent?and then tell him to waive it or i will report him to the bar?

Accepted Answer

Thank you for clarifying.

If you want him to waive the lien, you might want to start working on that while you are searching for another attorney. It may be difficult to find another attorney, if this case is being taken on contingency and most of the funds are already liened upon.

You may tell him your thoughts on the work he has done and explain your desire to report him to the state bar. This may be persuasive in his removal of the lien.

Many times you can find a lemon law attorney who is also a litigator. So, you may want to emphasize on a trail attorney who is familiar with lemon law. This close to trial, it may be more important to have someone who is familiar with the subject matter at hand than every aspect of "civil law". You may be at a disadvantage if a civil attorney needs to take time, this close to trial, to learn the in's and out's of the lemon law. However, this will depend on the complexities of your case.

Keep in mind that you will want to continue moving your case forward, even while you are pursuing the issue with your previous attorney. In the event that you are unable to find counsel, you may need to make a motion to the judge to continue the trial until after the lien has been remedied.

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Expert: Law Girl
Pos. Feedback: 100.0 %
Accepts: 
Answered: 8/6/2008

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