Legal Malpractice Mandatory Fee Arbitration

[DeceivedDave]

I am an Estate Trustee. My former atty failed to work and hid $8,000 of my retainer to avoid refunding it. We went to Mandatory Fee Arbitration and agreed to a binding decision. I asked for nearly all $$ returned in addition to refund owed, $25k. The atty falsely testified to filing legal action in my matters, as hired for, but was lying. Convincing excuses were given for not showing evidence. After the hearing I obtained proof of the lies, but the arbitration decision was soon made, giving benefit of doubt to the atty allowing $15k to be kept that was not earned. I agreed to a binding decision with expectations it'd be based on truth, not lies. I'm upset that an atty can get away with lying under oath, causing further damage. Do I have any legal recourse other than a complaint with the State Bar. It has been 3 yrs since this atty was dismissed.

 

[army judge]

I am an Estate Trustee. My former atty failed to work and hid $8,000 of my retainer to avoid refunding it. We went to Mandatory Fee Arbitration and agreed to a binding decision. I asked for nearly all $$ returned in addition to refund owed, $25k. The atty falsely testified to filing legal action in my matters, as hired for, but was lying. Convincing excuses were given for not showing evidence. After the hearing I obtained proof of the lies, but the arbitration decision was soon made, giving benefit of doubt to the atty allowing $15k to be kept that was not earned. I agreed to a binding decision with expectations it'd be based on truth, not lies. I'm upset that an atty can get away with lying under oath, causing further damage. Do I have any legal recourse other than a complaint with the State Bar. It has been 3 yrs since this atty was dismissed.

Three years you say, huh?

That's not two years, nor is it four years, it's three years, right?

laches (noun): Is a legal doctrine in equity, that says a legal right or claim will not be enforced or allowed, if a long delay has elapsed in asserting that right or claim; such delay has prejudiced or harmed the adverse party (damaged the opposing party) and allows a sort of "legal bushwhack" to occur.

Sorry, EVEN IF you had a case, which I don't see, laches bars your remedy.


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