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Question

I hired a criminal attorney to represent me at a violation of probation hearing to prevent remand. I was on felony probation for a 273.5 charge that I told her I wanted to w/draw my plea to. the alleged violation concerned my dogs getting out of my backyard for 5 minutes.(no new charges which would have to be leash law 2 months later I was brought into court on a vop put together by the DA to now sound like an emergency. I begged this lawyer to tell the judge that not only was animal control present and against me going to jail but no new charges were filed(, which would have to be lto avoid my remand, in fact that was the only reason she was there. I have no record Even animal control was present and told her they did not want me incarcerated/ Despite these facts, the lawyerignored me, did not tell the judge animal control did not want jail, the judge was very hesistant to remandfacts and I was sent to jail. she would not even request an early date-I want some money back-sh

Submitted: 452 days and 15 hours ago.
Category: Criminal Law
Value: $15
Status: CLOSED
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Optional Information

Los Gatos, California

Already Tried:
I sent a letter, once I was out of custody requesting a refund. All of a sudden she mailed me a time log which showed nothing more than phone calls. Prior to that she told me she did "hours" of research on the legitimacy of the alleged violation of probation, the facts of which had nothing whatsoever to do with the crime I was on probation for. Clearly, by her own admission, she lied about research. She accepted one phone call from me in jail and hung up other times I tried to call. It was an absolute nightmare being in jail and as a result I am now in foreclosure and interestingly the new "charges" she assured me in "wriitng" concerning the dogs NEVER materialized. She went to court twice for me. Once for 15 minutes and once for "discussions" with the judge which I never would have authorized had I known a formal hearing was an option. I knew the D.A. did not have a case so pushing for a hearing, stratetigically, would have been the thing to do. My lawyer seemed overwhelmed from the start. I even asked her to quickly file a skeletal motion to withdraw my plea to the underlying case (which I still want to do) and first she said she couldn;t and then clarified that she had just never done that before. I have subsequently learned that was always a viable option. At this point, I would like a refund.

Accepted Answer

You have two viable options here:

1) You can file a small claims case (as long as you don't want to recover more than $7500 and haven't already filed two small claims cases of $2500 or more this year).

2) You can file for fee arbitration with the Los Angeles County Bar Association. Fee arbitration is a voluntary choice for clients, but mandatory for an attorney whose client wants arbitration. Complete information about the LACBA fee arbitration program is available on this website:

http://www.lacba.org/showpage.cfm?pageid=3000

Some people might feel nervous about submitting a dispute over attorney's fees to a panel of attroneys. However, in my experience representing clients in fee disputes with other attorneys, the fee arb panels more often than not give the clients favorable results.

You should not expect to get all of the fees back, but if your statement of facts as set forth above is believed by either a small claims court or a fee arb panel, I would expect you to receive a substantial refund.

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Expert: RunTam38 CA Lawyer
Pos. Feedback: 99.6 %
Accepts: 
Answered: 8/26/2008

Criminal Defense Lawyer

California lawyer 33 years, 10 as Deputy DA and 13 as defense counsel. More than 150 jury trials.

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