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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37069
Experience:  Texas Attorney for 30 years dealing in real estate
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My fiancée had a probate issue of excess cash after a foreclosure

Customer Question

My fiancée had a probate issue of excess cash after a foreclosure on her fathers home. She was called by an attorney to help. She asked on 4 occasion for a contract or what it would cost her to no avail. After 6-8 months of back and forth with the courts the excess funds were released of 130k and the attorney took 31% of proceeds and then wanted her to finally sign a release and sent a final agreement. Is this ethical or what do I owe. The attorney never disclose cost or discuss financial terms
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today. It is not ethical for a lawyer here in California to charge you a contingent fee without a written contract.You should file a complaint with the state and you can dispute the fee.You don't have to agree to this, why not counter to him 20-25% to resolve it.You can negotiate, there was no written agreement and there is dispute about what the fee ought to be. You have rights to negotiate further before you agree to this, and if necessary file a grievance against lawyer. File here. http://www.calbar.ca.gov/Attorneys/LawyerRegulation/FilingaComplaint.aspx The California Bar has mandatory fee arbitration if you cannot resolve this informally. http://www.calbar.ca.gov/Attorneys/MemberServices/FeeArbitration.aspx I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
Good luck here with all of this and thanks again.

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