What's the process that a state bar goes through in investigating egregious fees charged by an attorney?

[Patient Consumer]

Jurisdiction

California

Can the Bar force the attorney to return the fees they have been paid, or can the attorney be prompted into doing so to avoid sanctioning? If I am confident - after having the case reviewed by other attorneys - that this attorney in question is definitely unethical, is it best to make a Bar complaint after fee dispute litigation (if it is unsuccessful) or beforehand, before litigation has concluded?

How about posting reviews about the attorney on review sites such as Yelp, Google reviews, etc? Can this prompt an unethical attorney to return fees? I have solid documentation to backup all my claims.

Thank you for any advice or input. It's appreciated.

 

[adjusterjack]

If you have a fee beef, file it.
If you have an ethics beef, file it.
Never mine the can this or the can that.

If you bad mouth the attorney on Yelp, etc BEFORE any of those complaints are handled you are likely to get sued for defamation and you still won't get a refund.

Work through the system.

 

[Tax Counsel]

Can the Bar force the attorney to return the fees they have been paid, or can the attorney be prompted into doing so to avoid sanctioning?

In California the state bar and state bar association, which are separate organizations in most states, are unified into one organization that is an agency of the state. Fee disputes are the most common complaints clients have, and every state has a process to deal with it, usually starting with mediation or arbitration between the lawyer and client to resolve the issue. The Claifornia Bar has a helpful page that explains how fees disputes are handled.

The state bar does have the authority to require the attorney to repay any part of a fee that the attorney did not justly earn. I suggest in most cases that the client first try to work it out directly with the attorney, as that is the most direct way to deal with it and has no bureaucratic red tape to wade through. If you are unsuccessful resolving it directly, then the next step is the state bar. If the attorney is found to owe you a return of fees but the lawyer doesn't have the money to do it, the client may get paid by a state fund that every lawyer pays into as part of their bar fees to make it right. If the attorney is ordered to repay you, that's not something the attorney should take lightly as failure to comply with the order can result in sanctions against the lawyer, including suspension or disbarment from the practice of law. If this process doesn't work out, you may pursue a lawsuit against the lawyer, but if the bar found in the lawyer's favor it may be hard to win in a lawsuit. Before filing a lawsuit you'd want to consult an attorney who handles claims against other attorneys to find out how strong a case you have, what you might win, and what it would cost you.

Be very careful about what you say in your review of any business, online or otherwise. Some people in their anger get carried away and say things that are defamatory, and end up owing the lawyer thousands of dollars in a defamation claim. Avoid expressining opinion or stating things as facts that you have not verified. It's best to make your review short, factual, and leave out the emotion.

 

[zddoodah]

Can the Bar force the attorney to return the fees they have been paid, or can the attorney be prompted into doing so to avoid sanctioning?

In the abstract, yes, the State Bar has that power.

If I am confident - after having the case reviewed by other attorneys - that this attorney in question is definitely unethical, is it best to make a Bar complaint after fee dispute litigation (if it is unsuccessful) or beforehand, before litigation has concluded?

The relative timing of the two events makes no difference.

How about posting reviews about the attorney on review sites such as Yelp, Google reviews, etc? Can this prompt an unethical attorney to return fees?

In the abstract, virtually anything is possible. Obviously, no one here will have any insight into what might motivate your former attorney.

Thank you for any advice or input.

There isn't much of anything anyone here can tell you. You've provided us with zero factual information. All you've done is allege that your former attorney's fees were egregious and that he/she behaved unethically in some manner.

 

[Patient Consumer]

So let's say I lose the litigation - that will have no effect on the Bar complaint and let's say the Bar denies or ignores my complaint - that would have no bearing on the litigation?

In the abstract, yes, the State Bar has that power.




The relative timing of the two events makes no difference.




In the abstract, virtually anything is possible. Obviously, no one here will have any insight into what might motivate your former attorney.




There isn't much of anything anyone here can tell you. You've provided us with zero factual information. All you've done is allege that your former attorney's fees were egregious and that he/she behaved unethically in some manner.

 

[Tax Counsel]

So let's say I lose the litigation - that will have no effect on the Bar complaint and let's say the Bar denies or ignores my complaint - that would have no bearing on the litigation?

If the bar gives an opinion that the fees were proper, that's not evidence that the attorney can use against you in court. But you'd want to read the decision carefully because if the bar officials are not convinced of your claim that may give you an indication of what the judge might decide in the small claims court (I'm guessing that the fees involved here don't exceed the CA small claims limit of $10,000). If you sue and lose before the bar makes its determination, the court's decision won't have a direct impact on the bar decision, but again the lawsuit decision may foreshadow what the bar will say. How likely it is they come out the same depends a lot on the reason for the decision they make.

 

[Patient Consumer]

If the bar gives an opinion that the fees were proper, that's not evidence that the attorney can use against you in court. But you'd want to read the decision carefully because if the bar officials are not convinced of your claim that may give you an indication of what the judge might decide in the small claims court (I'm guessing that the fees involved here don't exceed the CA small claims limit of $10,000). If you sue and lose before the bar makes its determination, the court's decision won't have a direct impact on the bar decision, but again the lawsuit decision may foreshadow what the bar will say. How likely it is they come out the same depends a lot on the reason for the decision they make.

Thank you; this is very helpful.