fee dispute

[mypsychoEX]

I hired an atty for a criminal case back in OCT. I already had an atty but he was no help. all he wanted to do was have me cop a plea, I was not willing to do this as i am not guilty
so i went to another atty and explained the case gave him the discovery from old atty and told him the only reason i was hiring him was to get this Dismissed. I specifically told him to file a motion to dismiss. I was not going to cop a plea. he said he WOULD. I paid him Half of the $6,000 and would make payments once this was dropped.
he did nothing. he didn't file a moton to dismiss or get it dropped. court date came and he told me to cop a plea. (charge: annoying phone calls i didn't make to ex) ex made them to himself using a computer spooftel service. this new atty told me i must cop a plea or go to court and spend another $10,000 plus $3,000 to hire "expert" witnesses to explain to the prosecutor what an IP address is. and give them a simple geography lesson. can't be in 2 places at once. i was not where they said i was making these "calls" to the ex as i was in another city with friends and I have docs indicating as much.. this atty did not even bother to explain any of this to the DA. now he's sueing me for the rest of the money. what is the best way to resolve this ? arbitration? or go to small claims court and fight it?
he should be refunding my money. he did absolutely nothing for me.

 

[seniorjudge]

What did your written retainer agreement say?

 

[mypsychoEX]

the retainer basically says: I have to pay him regardless of the outcome of the case.
but this is not what we verbally spoke about or agreed to.
I very specifically told him what I would accept and would not.
he said he would get it dropped. he did not do what he said he would do.
Since he is now sueing me, is arbitration the way to go? or would going to small claims be the better way as far as a favorable outcome to me. he's the atty who is the member of the bar who is arbitrating ....

 

[seniorjudge]

the retainer basically says: I have to pay him regardless of the outcome of the case.
but this is not what we verbally spoke about or agreed to.
I very specifically told him what I would accept and would not.
he said he would get it dropped. he did not do what he said he would do.
Since he is now sueing me, is arbitration the way to go? or would going to small claims be the better way as far as a favorable outcome to me. he's the atty who is the member of the bar who is arbitrating ....

The written agreement wins.

 

[mypsychoEX]

but the written agreement was contingent on getting the case dropped/dismissed we discussed this at length. I would not have hired him otherwise. i already had an atty who did nothing.... now here's a second one just as useless.
so question is Small claims as I've just been served papers to appear, or go through arbitration?

 

[seniorjudge]

but the written agreement was contingent on getting the case dropped/dismissed we discussed this at length. I would not have hired him otherwise. i already had an atty who did nothing.... now here's a second one just as useless.
so question is Small claims as I've just been served papers to appear, or go through arbitration?

A lawyer cannot ethically make a contingent fee contract in a criminal case.

You cannot ignore the small claims summons.

Yes, get fee dispute help from your state bar.:angel

 

[mypsychoEX]

thanks. I'll do that.