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Question

What do I have to do first, fire my lawyer or follow up a fee arbitration?

Submitted: 16 days and 9 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Optional Information

State/Country relating to Question: California

Already Tried:
nothing really we don't have any experience but my husband and I are overwhelmed with so much information and don't know what to do first, we have going to this lawyer since June 2007. Thank you for your concern and help.

Posted by AttorneyPhillips 16 days and 9 hours ago.

Info Request

Could you explain a little more?

16 days and 9 hours ago.

Reply

We bought a house from a company in Aug. 2006, we didn't know until we moved in that the house had a number of deffects, includying that the west side of the wall is sinking and the south side is getting separated, our insurance co. said they can pay anything because the problems existed before we got the house. We looked for help, the first firm was very expensive and we couldn't afford their $50,000 ths down payment. They said we had a very good case of about 8 different kinds of fraudes. Tehy recommended these lawyers we have but they haven't done much for us, last year they were quiet for a while, we send them a letter and started to look for the people to serve on our own and that's how they began to move again. They don't seem to be very interested anymore, we have given them a total of about $25,ooo which is a fortune to us, but they are telling us that is better to dismiss most of the people involved who are guilty from both sides, all the realtors involved, you know the people who sold us the house and the ones who took us into buying it, which run away and close thier co. after knowing we were looking for them. The attorneys are telling us these people don't have any money anymore, but in the other hand we know they have lots of businesses, and properties in Nevada, Arizona, and Ca. They seem to be more concern for them and not for us. They told us that we needed to come out with twice what we gave them to continue the case, but we know and they know we don't have that money. I looks like if they want to get rid of us as soon as possible and let everyone get out of the hook and we don't understand, they just say they the case looked good but not anymore. We feel very sad because not only the other people took advantage of us but they have done it too. They never wanted to suit the bank, they told us to be quiet and not to let the bank know that we had a case. We also asked them if we could tell the city about the conditions of the house so we could have a break on property taxes and they said also to be quiet about it. The house is only 600 sq. ft. When the market went high thwy sold us the house for 240,000 but now they went down and the city said is only worth about 45,ooo. The house accross the street is much bigger and it was sold few months ago for 35,ooo. Please guide us in what to do.

Posted by AttorneyPhillips 16 days and 8 hours ago.

Info Request

Thank you for the information.

 

What is the deal with fee arbitration? Who is setting that up?

 

Is your case still active in the Superior Court?

16 days and 8 hours ago.

Reply

We were reading information to find out if these lawyers can return some of our money because we don't think they were helping us, we read that if we do something call fee arbitration we can get probably some money back of all we have given them. However we don't have someone yet, we live in San Bernardino and got a phone number and an address but today is late to find out more about it. We don't know what should we do first, that's why we saw this page and ask the question.

Posted by AttorneyPhillips 16 days and 8 hours ago.

Answer

Ok. Thanks for all the additional information that you have provided.

 

Do not fire the attorneys yet until you have found a replacement. In the meantime, you need to file a complaint against these attorneys for neglecting your case and for taking your money without actually working for it. If you prevail, you may be able to get all your money back. Click here to file complaint with the California Bar Discipline:

 

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10136&id=1144

 

If you are not able to resolve anything with the Bar Discipline, you may need to find a legal malpractice attorney to file a lawsuit against your attorneys for not doing their job. If you win, the attorneys may have to pay for the damages that you would have recovered from the seller, realtors and the banks. Click here to find local legal malpractice attorneys:

 

http://www.lawyers.com/Legal-Malpractice/California/browse-by-city.html

 

 

You may also find another attorney to take the case. Click here to find local attorneys:

 

http://www.lawyers.com/Residential-Real-Estate/California/browse-by-city.html

 

 

 

 

 

16 days and 8 hours ago.

Reply

thank you for your response but we would like to understand that you are saying not to fire them yet, but we can file a complaint with the bar? so the fee arbitration has nothing to do and that the malpractice lawsuit is something different? Please help us understand.

Accepted Answer

thank you for your response but we would like to understand that you are saying not to fire them yet, but we can file a complaint with the bar?

 

Response 1: Yes, that is what I am saying.

 

so the fee arbitration has nothing to do

 

Response 2: The fee arbitration is something that you can use when you have a fee dispute with your attorney--you think that the attorney has charged you too much and you want some of that money returned to you. In your case, your attorneys have neglected your case. So, instead of going to fee arbitration, it is my opinion that you need to file a formal complaint with the California State Bar. However, if you just want your money back and move on, then you should consider the fee arbitration. Click here for information on fee arbitration:

 

http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10136&id=1933

 

and that the malpractice lawsuit is something different?

 

Response 3: Yes. You will be suing the attorneys for not doing their job, for neglecting your case, which has caused you real money.

 

 

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Expert: AttorneyPhillips
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/5/2009

Attorney

Massachusetts licensed Attorney with over ten years in general law practice.

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