California Fee Disputes Attorney
With a fee dispute claim, there is a disagreement over the amount of fees charged for legal services. A California fee disputes lawyer can confidentially discuss your options and the legal process to address any fee dispute you believe is necessary.
The Origin of Fee Disputes
Disputes can arise when a client gets a bill they believe is much higher than expected or originally agreed upon. A client can file a fee dispute in California if attempts to communicate and resolve the fee dispute doesn’t work.
Today, California clients aren’t shy about communicating when they feel they’ve been inappropriately or unfairly charged by their attorney. They aren’t likely to just pay the attorney’s bill, especially when they think they haven’t gotten their money’s worth for attorney services. Even if an attorney pursues their bills with a collection service, clients may not be intimidated by these efforts and may file a claim when they believe they’re justified in non-payment of the fees.
Unresolved cost disputes can add to the unethical image of the legal profession as a whole and impact a lawyer’s reputation. It is in the interests of both the client and the attorney to resolve these claims.
Common Reasons for Attorney Fee Disputes
There are a few common reasons a client might dispute an attorney’s fees, such as:
- Failing to provide a written fee agreement detailing client charges
- Failing to communicate the fee structure so the client could understand the arrangement, even if there was a written fee agreement in place
- Providing poor service
- The client believes the attorney purposely inflated the bill
- Failing to provide consistent communication to a client about their case
- The client believes the case resolution was not worth the fees (they believe there was little value for what they paid)
- The client believes the attorney was not zealously working on their case
- The client wasn’t advised about potential trial costs
- The client feels they received an unexpected bill
There are other reasons clients might address the amount of an attorney’s bill. Retaining a knowledgeable California attorney can improve your chances of success.
Methods To Resolve a Fee Dispute
Generally, client fee disputes can be resolved through open communication with their attorney. However, if communication isn’t possible, mediation or arbitration through the State Bar of California are also options. Additional options can include filing a disciplinary or legal ethics complaint or a malpractice action against the attorney.
If you disagree with a fee, a California fee dispute lawyer can confidentially discuss what happened and interview relevant witnesses. They can take the time to carefully review your client file and attorney fee agreement. They can discuss the paid fees and any outstanding balances. A knowledgeable attorney can address whether you might benefit from the California Bar’s fee dispute resolution program and any other preliminary options before filing in court.
A Helpful Approach to Attorneys in the Future
When dealing with such a serious matter involving an attorney, it’s important to remember attorneys are people, too, and mistakes can happen. You have options to resolve a fee dispute, and the actions of one attorney shouldn’t shape your opinion of other legal professionals.
California Attorneys Can Address Fee Disputes for Clients
Our team can effectively help clients resolve their fee dispute situations. Naturally, attorneys charge a rate they feel is fair for the amount of work and specific services they may provide. If you dispute a fee that you feel is unfair, a defense attorney can help you reach a resolution in the matter.
If you seek to initiate a dispute about the legal fees billed by your counselor and are unsure how to begin, our office can discuss the options available to you. Century Law Group can provide efficient legal representation and support that won’t waste your money or time.
FAQs
Q: Can I Sue to Recover My Attorney Fees in California?
A: You can potentially sue to recover paid attorney fees in California. Following California Code of Civil Procedure section 1021, attorney fees are usually paid by the side incurring fees unless:
- There is a contract or statute addressing fee payment
- A court has awarded attorney’s fees as part of inappropriate litigation conduct
If you are considering filing a claim in California, you can discuss the likelihood of recovering any paid legal fees with an experienced legal professional.
Q: Can a Non-Client Dispute Attorney Fees in California?
A: In California, parties follow the American Rule, which is the default case rule where each party pays their own attorney’s fees. With trust cases, however, the trust might end up paying fees for parties involved in the trust dispute. In these cases, a non-client may have a legal standing to dispute attorney fees if they are directly responsible for paying the fees.
Other instances where a person is ordered to pay attorney fees can be a situation where that person can challenge the fees.
Q: How Do I Request Fee Arbitration in California?
A: If you have an issue with your lawyer’s bill, you don’t necessarily have to file a claim to resolve it. The State Bar of California can assist with an informal and reduced-cost program called Mandatory Fee Arbitration. The program attempts to resolve fee disputes by facilitating communication between parties before an arbitration panel.
If a client uses the Mandatory Fee Arbitration program, the attorney is required to participate. For more information, contact the State Bar Mandatory Fee Arbitration Program.
Q: How Much Can a Lawyer Take From a Settlement in California?
A: In California, a lawyer usually takes an agreed-upon percentage of the total settlement amount. Most personal injury lawyers work on a contingency fee basis and only get paid if they resolve the case in a favorable manner.
The exact percentage a lawyer might take from a settlement varies and depends on the case complexity, the possible risk involved, and whether the matter goes to court. An attorney can discuss their specific fee agreement for retention during a consultation.
Contact California Fee Dispute Lawyers Today
If you have questions regarding fee disputes in California, rely on Century Law Group, LLP, to resolve your issue. Contact our office to set up an initial consultation.