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i fired my lemon law attorney when i found out he settled my case a day before my trial. so i went to court pro per and the judge gave me an extension to hire another attorney, and to have my trial. the problem is my former attorney filed a lien to get money, should i win my case w/o them. how is it that he can settle my case for nothing but his fees, but when i fire him he can put a lien on me? if he thought i would win my case and get money , why would he settle my case for nothing? why didn't he just go to trial as we had planned? also the way he did this was a complete shock. we had been waiting for almost 2 yrs during which we had no worries.suddenly a few days before he settled he told me that i had absolutely no case and to take anything they offer. his explanations made no sense and going through the files now, i found major discrepencies, lies,etc how do i get him to remove the lien, so i can get another attorney? no one will take the case if there is a lien.

Submitted: 465 days and 11 hours ago.

Category: Consumer Protection Law

Value: $35

Status: CLOSED

los angeles, California

Already Tried:
i hae been told to tell him i will report him to the bar unless he removes it, but i wanted to know should i tell him specific things that i will tell the bar he has done that were unethical? or should i be vague? i am afraid if i tell him specific things, he would tell the bar i am lying to get the lien removed. but i have proof, but if i tell him the proof i have, can he then find a way out of it since i warned him ahead of time? (start working on answers before my complaint gets to the bar? for example) i need help, this is so unfair that this law firm has screwed me so bad just for their little salary, compared to what i have at stake. it is disgusting.

Posted by INFOLAWYER 465 days and 10 hours ago.

Answer

you asked many questions and i will try to address them

when an attorney is fired, he often puts a lien on the file or property for balance due to him. to remove it, he needs to be paid or the dispute otherwise resolved.

if he settled a case without authority, you need to move to vacate the settlemet but given apparent authority the settlement often stands.

consider suing the former attorney for malpractice. this may settle and resolve the lien as well.

Answer

Hello,

I can assist you further.

You can and should file a bar complaint. You are not required to discuss the complaint with your attorney prior to filing the complaint and I do not see the advantage in so doing. You can state in your bar complaint that your attorney settled your case without your consent.

To release the lien on your file you may file a motion in the lemon law matter requesting that the judge vacate the lien. The judge is already familiar with your situation since he granted you an extension to find different representation. The judge may review the matter and file his own individual complaint against the attorney.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLAandNYLAWYER

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Edited by FLAandNYLawyer on 8/16/2008 at 7:22 AM

Accepts:
Expert:	FLAandNYLawyer
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Answered:	8/16/2008

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20 years of private practice

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