Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law
This answer was rated:

Michael XXXXXXX is unlawful and unethical. He was paid $7500

Michael XXXXXXXX is unlawful and...
Michael XXXXXXXX is unlawful and unethical. He was paid $7500 to handle a DUI case, I have the following information: copy of cashed check, he never called, never showed up for court, I have the court minutes showing he was not present, I was told that the court should have fined him. He never had me sign a retainer, when I went in to try to collect the monies with no hard feelings as he seemed to busy to handle case, he became angry and said he would falsify documents so he would not have to return money. I went to the high power attorney and advised him of his associates wrong doing. I also mentioned that there were 4 reviews on the internet with the same senario. The attorney recommended I have my friend go in and talk to him as she is very business savy. He cancelled the appointment with her and offered to refund the money to maker of the check. However the maker of the check was not the client nor was it his money. Several people put money in and he wrote the check and was now out of the picture. So that 3rd party check would have been invalid, it doesn't matter who wrote the check, the receipt of the check indicates payment for the client. The attorney called the maker of the check and asked him to send an e-mail saying he had not been reimbursed for the clients case, which he did. My friend left a voicemail for the attorney explaining that he just broke the attorney and client confidential agreement. She explained that the maker of the check was no longer in the picture, we wanted the money refunded to the client, not to mention we had to hire another attorney as Mr. Molfetta never did the work. My friend and I went to his office and his secretary called him and said we were there at his office, he said he was going to the state bar and hung up on her. The secretary was clearly upset, she advised us to go to the state bar as we have all the tools to succeed and we will get back more than the 7,500. Please advise if this is true, we have all documentation to support all the above, not to mention all the trips we made to the court house and when he did not show up the case had to be post poned. This has been extreamly stressful, this man is so horrible. Does the State bar make the decision of how much he should refund if they agree?
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 31 minutes by:
10/5/2011
N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9,442
Experience: since 1983
Verified
I'm sorry to hear this.

http://www.calbar.ca.gov/Attorneys/LawyerRegulation/FilingaComplaint.aspx
has a link to the form and instructions for filing a complaint against a California lawyer with the State Bar.

The State Bar can in fact order restitution if it finds you are owed money based on what you described, which I understand as basically, he was paid a flat fee to handle a case and did not handle and missed Court appearances. The State Bar can order restitution but cannot award damages for pain and suffering.

You also have the option of suing the lawyer and his law firm for a refund.

http://www.courts.ca.gov/documents/sc100info.pdf
states that you sue in small claims court for up to $7500. If you want to try to sue for more than that, you would have to do so in Superior Court.

The statute of limitations for breach of an oral contract in California is 2 years. So you might decide to see if the State Bar resolves the problem and if it has not done so, then you can file in small claims court. The main guidebook used by Small Claims Judges in California is posted at
http://www2.courtinfo.ca.gov/protem/pubs/bg34.pdf

http://www.dca.ca.gov/publications/small_claims/index.shtml
also has a lot of information on using small claims court.

You can get a free consultation from some of the legal malpractice attorneys listed at
http://lawyers.findlaw.com/lawyer/firm/Legal-Malpractice/Newport-Beach/California

Suing in Superior Court might be worth while if you had to pay a different attorney more than the $7500 that MM charged you to handle the case. I urge you to consult a local attorney who can go over all the facts with you in confidence and advise you. Only a local attorney can give you legal advice, but I hope this information is helpful.
N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9,442
Experience: since 1983
Verified
N Cal Attorney and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Thank you for your advice, I don't believe I need an attorney. I have everything to submit to the state bar. He was willing to give the money back to the maker of the check but not the client. What's up with that? Perhaps a stall tactic?
Maybe he was afraid the maker of the check would ask for a separate refund, I'm not sure.

If he really performed no services, there is a very high probability the State Bar will order restitution. If it turns out that the money has vanished, you should be able to recover from the Client Security Fund, see
http://www.calbar.ca.gov/Attorneys/LawyerRegulation/ClientSecurityFund.aspx

Hopefully that will not become necessary.
N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9,442
Experience: since 1983
Verified
N Cal Attorney and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Thank you for accepting my answer.
Ask Your Own Consumer Protection Law Question
I saw you posted a follow up question on the feedback page. Thank you for the positive feedback.

The answer is Yes, you can sue for a refund in either Superior or small claims Court, and file a complaint with the State Bar at the same time. These are completely separate processes, and you are not limited to having to choose one or the other.

I hope this information is helpful.
N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9,442
Experience: since 1983
Verified
N Cal Attorney and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Thank you for accepting my answer.
Ask Your Own Consumer Protection Law Question
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9,442
9,442 Satisfied Customers
Experience: since 1983

N Cal Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,900 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,415 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,595 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,173 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

578 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
If am being sued by a credit card company and they are
Thank you. If am being sued by a credit card company and they are saying in a a letter that i will be sent to default judgement, is it best to respond asap? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
I had a clutch put in my semi truck said be three four days
I had a clutch put in my semi truck said be three four days and it was completed but wasn't correct so took back next day they've had it apart now six times and say they don't know what's wrong, it's … read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
What is the verbiage for a payment plan agreement for Dental
What is the verbiage for a payment plan agreement for Dental services rendered and patient promises to pay x amount spread over 6 months through recurring credit card payment? Payment plan will cease … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,190 satisfied customers
I bought a Four Winns boat not ago with one year manufacture
I bought a Four Winns boat not long ago with one year manufacture warranty left. I have not used the boat more than two times and the engine stopped working. After spending over a thousand dollars in … read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
Does the Arizona Lemon Law apply to a leased new vehicle?
Does the Arizona Lemon Law apply to a leased new vehicle? That is, can the lessee file claims under the statute in the same way a buyer could?… read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
We are dealing with a "finance company" presently trying to
We are dealing with a "finance company" presently trying to end the agreement. I thought the equipment was being financed for a set amount of time as laid out in the agreement. Comes to light it is a … read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
My wife is paying on a student loan & they don't have any of
My wife is paying on a student loan & they don't have any of the paper work on her contract. Does she have any recourse on this or should she let it go and get out of it as soon as she can? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
I signed for a new car in Oklahoma but did not take delivery
I signed for a new car in Oklahoma but did not take delivery of the car and did not put down any cash. Am I obligated to still accept the car?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,595 satisfied customers
I am interested in knowing if there are any negative reports
I am interested in knowing if there are any negative reports on the Red Bank company: Newman Springs Publishing. They are a book publisher and distributor…they refer to themselves as "publishing partn… read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
I have an issue with Mavis Tire INC (synchrony car care).
I have an issue with Mavis Tire INC (synchrony car care). Back in late septermber I had worked don on my truck.. ($884.00).I was going to pyt the amount on my visa credit card. However, They -,the sto… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,190 satisfied customers
I ordered free samples of an eye and wrinkle cream on line
I ordered free samples of an eye and wrinkle cream on line and paid for the shipping costs. I received the samples in the mail .5% ounces each. I tried them and was not impressed. The next thing I kno… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
I bought a nissan maxima in 2014, in 2015 the cruise control
hello. i bought a nissan maxima in 2014, in 2015 the cruise control light was coming on randomly, so i had it checked out they said unless it was on at the time they couldn't do anything. This was wal… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,190 satisfied customers
I just had a call from somebody named Ron stating that i
i just had a call from somebody named Ron Adams stating that i have won money from sweepsakes. Is this right … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We bought second hand caravan from arv dealers Eden for
We bought second hand caravan from arv dealers Eden for $17,500. We were told the van was fully checked out everything was working well, and it did come with warranty. Just got back from our first tri… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,533 satisfied customers
Just got a lien form the sheriif dept from my job by way of
Just got a lien form the sheriif dept from my job by way of TX for a credit card debt that was 10-12 years old that only had a credit limit on it fro $350 now that want $1659 ,10% a week for my pay ,C… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
How can I protect my credit if I am a consigner on a car
How can I protect my credit if I am a consigner on a car loan? My credit score has dropped due to missed payment by the other party. I do not have possession of the vehicle since I am just the consign… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
1,173 satisfied customers
My reintegration therapists made me sign a disclosure that
Hello my reintegration therapists made me sign a disclosure that he wouldn't be involved in being dragged into court nor report writing. Well he gave the other party a report lying and including a 3rd… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,533 satisfied customers
When a small claims is entered with the court for Fraud by
When a small claims is entered with the court for Fraud by Misrepresentation and I tell the magistrate that I have the documentation to prove my charge, is it not her DUTY TO HEAR my case and make the… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x