Filing a Complaint Against an Attorney

[MattWilcox38]

I recently hired a lawyer for a case in northern California. I finally fired her after I realized she was overcharging for her services, i.e. taking 2-3 hours for review of a single document. Not to mention, 2 weeks after firing her, I was able to complete a settlement agreement where I did not have to admit to anything, pay anything, or have anything on my record. It was merely a mutual agreement of non contact with the other party. I found out that the opposing counsel was trying to do this all along, but my lawyer refused to present this to me, and encouraged me to go to trial.
I called my lawyer and requested a refund of $3,000 of $5,000 I paid them. She tried to tell me this was extortion, and then said she would file a restraining order against me, after I only called her one time. I told her I will be filing a bar complaint against her, and her firm.
Here are my questions:
1. Does she have any basis for extortion or restraining order after only one call?
2. Are there any repercussions of me filing a complaint with the bar i.e. can the lawyer sue me for anything?
3. Will I be involved in a court case regarding this complaint if it gets to a certain point?
4. What do I need to show in the bar complaint in order for the bar to take actions to ensure she does not rip any other clients off in the future?
5. What do I need to show if I go to arbitration for the money I feel I am rightly deserved?

 

[Toddster]

WOW, over 2 months and not even one response. My experience to date suggests this would be typical.... Ask a question about suing any other professional and you'd have plenty of advice.

Did you hear about the lawyer who fell in a tank of sharks and didn't get bitten? It was professional courtesy.

Look at the Bar Regulations/rules for CA on the website. They might even have someone who can assist you with these questions (specifically about filing a Bar complaint). As to her retaliating against you or whether or not you've committed some infraction I doubt they'll comment on THAT. You'll have to seek other legal counsel. There should be some lawyer who does plaintiff legal malpractice work out there somewhere. They could probably take a look at your case.

I'm beginning to think that most lawyers have as their number one rule "don't shit where you eat." Meaning....don't play rough with the other lawyers in the sandbox or they might not play with you anymore. They set lofty goals for their own behavior in their Bar rules but seem to seldomly follow them or try to enforce them. Check in the CA Bar's rules. They may even have a rule that when one attorney is aware of unethical behavior on the part of another and doesn't report it that THEY are also committing a BAR violation by not reporting it.

It SEEMS to me odd that an attorney would not be obligated to present a settlement offer to a client when put forth by the other side. Realtors are required to present an offer no matter how bad it might be to the real estate seller. It clearly isn't in the publics interest to have realtors, lawyers or anyone arbitrating a matter for you allowed to pick and choose what they tell you as the client. That only serves their interest. This situation certainly sounds like to me that it is worth exploring.