Confused about small claims judgment

[clarityconnection]

Jurisdiction

California

A lawyer sued me for 5k in small claims recently. She had previously kept my 7k retainer after I terminated our relationship because her billing was unreasonable. About a year later she then instigated the small claims case for 5k. I submitted evidence showing that this attorney lied multiple times, submitted frivolous filings for the small claims case itself, and originally billed me 18k (of which she got 7k, from my retainer, which she kept) for work that took far less time than what she claimed on her invoices.

At the hearing, the law clerk representing the attorney testified that I was "confused" about how much they were asking for, and that they were actually only asking for 5k TOTAL, and that they would return 2k to me if they won. So, why did they file the small claims case in the first place, instead of simply returning 2k to me of the 7k that the attorney kept? I feel like the entire suit was frivolous. Is there anything I can do about this? The judge ruled that I owed them 5k but they have not returned the 2k to me, either.

 

[army judge]

Is there anything I can do about this?

Yes, you can file a complaint with your state bar assoc.

Attorneys licensed by the State Bar of California take an oath to abide by laws aimed at protecting consumers from unethical lawyers. But sometimes attorneys don't act in the best interests of their clients.
Call the State Bar's multilingual intake hotline (800-843-9053) for help.
If you have a problem with your lawyer's actions or fees, you have options. If you need help re-establishing communication with your attorney or retrieving files from your former attorney, you can request it through the pilot Attorney Client Bridge Program. Learn more here.
Find out how to resolve a problem without going to court, file a complaint against a lawyer, and how to get money back from an unethical attorney below.

Complaints against attorneys and unauthorized legal providers

• Complaint form: Attorney misconduct
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• How to file a complaint
• Before you file a complaint
• Graphic: Attorney misconduct complaint process
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Resolving Fee Disputes

The State Bar doesn't oversee how much an attorney can charge consumers. But if you feel that your bill is too high, you can ask for Mandatory Fee Arbitration to resolve the dispute.

Client Security Fund

Consumers sometimes lose money or property because of an unethical attorney's actions. Find out about the State Bar's Client Security Fund and what you can do to recover lost money or property.

Complaint Review Process

If your complaint against an attorney is closed without the State Bar seeking discipline, you have the right to request that the State Bar's Complaint Review Unit review that decision. This process is commonly referred to as a "second look." Learn more about the complaint review process.

Report Improper Governmental Activities by the State Bar of California

If you wish to complain about improper governmental activity by the State Bar of California or its employees, agents, or officers (including but not limited to current or former employees of the State Bar or the State Bar Court, volunteers, appointees, and contractors), you can do so directly to the California Department of Justice. They will review and investigate as appropriate without prior review by the State Bar. Learn more.

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www.calbar.ca.gov

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[clarityconnection]

Yes, you can file a complaint with your state bar assoc.

Attorneys licensed by the State Bar of California take an oath to abide by laws aimed at protecting consumers from unethical lawyers. But sometimes attorneys don't act in the best interests of their clients.
Call the State Bar's multilingual intake hotline (800-843-9053) for help.
If you have a problem with your lawyer's actions or fees, you have options. If you need help re-establishing communication with your attorney or retrieving files from your former attorney, you can request it through the pilot Attorney Client Bridge Program. Learn more here.
Find out how to resolve a problem without going to court, file a complaint against a lawyer, and how to get money back from an unethical attorney below.

Complaints against attorneys and unauthorized legal providers

• Complaint form: Attorney misconduct
• Complaint form: Unauthorized practice of law
• How to file a complaint
• Before you file a complaint
• Graphic: Attorney misconduct complaint process
• Graphic: Nonattorney complaint process

Resolving Fee Disputes

The State Bar doesn't oversee how much an attorney can charge consumers. But if you feel that your bill is too high, you can ask for Mandatory Fee Arbitration to resolve the dispute.

Client Security Fund

Consumers sometimes lose money or property because of an unethical attorney's actions. Find out about the State Bar's Client Security Fund and what you can do to recover lost money or property.

Complaint Review Process

If your complaint against an attorney is closed without the State Bar seeking discipline, you have the right to request that the State Bar's Complaint Review Unit review that decision. This process is commonly referred to as a "second look." Learn more about the complaint review process.

Report Improper Governmental Activities by the State Bar of California

If you wish to complain about improper governmental activity by the State Bar of California or its employees, agents, or officers (including but not limited to current or former employees of the State Bar or the State Bar Court, volunteers, appointees, and contractors), you can do so directly to the California Department of Justice. They will review and investigate as appropriate without prior review by the State Bar. Learn more.

The State Bar of California

Protecting the public & enhancing the administration of justice.

www.calbar.ca.gov

.......... ::::::::::!!!!!!!!!! **********(((((((((()))))))))) ########

Ok, thank you. I'm a bit confused as to why the judge herself did not notice this discrepancy and ask them why they hadn't returned the 2k to me. She herself reiterated that they were asking for only 5k OF the 7k that they claim is in a client trust.

Am I missing something here? Did I need to have given them permission to "release" the money in the trust or something?

 

[army judge]

Ok, thank you. I'm a bit confused as to why the judge herself did not notice this discrepancy and ask them why they hadn't returned the 2k to me. She herself reiterated that they were asking for only 5k OF the 7k that they claim is in a client trust.

Am I missing something here? Did I need to have given them permission to "release" the money in the trust or something?

I know nothing about your prior small claims lawsuit,, other than what you've revealed.

Apparently, you were involved and know very little, too.

I suggest you forget the small claims matter and initiate a formal complaint with the state bar, disputing the confusing fee arrangement.

That's much easier, more friendly than a small claims matter,, plus it'll get the attorney's full attention, because attorneys dislike defending bar complaints.

 

[welkin]

Ok, thank you. I'm a bit confused as to why the judge herself did not notice this discrepancy and ask them why they hadn't returned the 2k to me. She herself reiterated that they were asking for only 5k OF the 7k that they claim is in a client trust.

Am I missing something here? Did I need to have given them permission to "release" the money in the trust or something?

Before you file a complaint with the state's Bar, you may want to write a letter to the attorney demanding they refund your $2K by a date certain or you will file a complaint with the Bar. That may be the push the attorney needs to get it done. If you just file the complaint, it may be months before it is resolved.

 

[zddoodah]

work that took far less time than what she claimed on her invoices.

How could you possibly know how much time the work actually took?

why did they file the small claims case in the first place

No one here could possibly know why some person who is unknown to us did something.

Is there anything I can do about this?

I don't understand the question.

The judge ruled that I owed them 5k but they have not returned the 2k to me, either.

How long ago was the judgment issued?

 

[clarityconnection]

Before you file a complaint with the state's Bar, you may want to write a letter to the attorney demanding they refund your $2K by a date certain or you will file a complaint with the Bar. That may be the push the attorney needs to get it done. If you just file the complaint, it may be months before it is resolved.

Thanks. The issue is that whether they return the money or not I will be filing a complaint, because they have been extremely dishonest and conniving from day one.

 

[clarityconnection]

How could you possibly know how much time the work actually took?




No one here could possibly know why some person who is unknown to us did something.




I don't understand the question.




How long ago was the judgment issued?

> How could you possibly know how much time the work actually took?

I'm not new to hiring attorneys. I also consulted with two other attorneys on the matter. The judge also seemed to agree with me that the attorney was only entitled to less than 1/3 of what she had originally billed.

> I don't understand the question.

Can I do something about her instigating an utterly frivolous lawsuit? If 5k is what she wanted all along, and not 12k, why did she file the small claims suit in the first place?

>How long ago was the judgment issued?

The judgment was made about 20 days ago.

 

[clarityconnection]

I know nothing about your prior small claims lawsuit,, other than what you've revealed.

Apparently, you were involved and know very little, too.

I suggest you forget the small claims matter and initiate a formal complaint with the state bar, disputing the confusing fee arrangement.

That's much easier, more friendly than a small claims matter,, plus it'll get the attorney's full attention, because attorneys dislike defending bar complaints.

It's not that I know very little, it's that she changed her story once she realized I had solid evidence against her. She originally was trying to get 7 + 5, and then realized this was unreasonable, and changed her story at the last minute, at the hearing itself. I'm very annoyed I had to go through the tedious process of the small claims litigation when she could've just returned 2k to me that is supposedly sitting in a client trust fund.

 

[army judge]

I'm very annoyed I had to go through the tedious process of the small claims litigation when she could've just returned 2k to me that is supposedly sitting in a client trust fund.

Our lives are made difficult due to the greed or ineptitude of others.

The solution lies in each of us doing our due diligence, before we engage or hire other parties.

Sadly, even when an exhaustive, diligent vetting process is conducted; we're still vulnerable to chicanery, skullduggery, trickeration, robbery, BUFFOONERY, and outright lying.

Trust very few, especially when emotions and money are involved.

 

[zddoodah]

Can I do something about her instigating an utterly frivolous lawsuit? If 5k is what she wanted all along, and not 12k, why did she file the small claims suit in the first place?

What do you want to do about it? You essentially won the case, right? That's not enough for you?

The judge ruled that I owed them 5k but they have not returned the 2k to me, either.

How long ago was the judgment issued?

The judgment was made about 20 days ago.

My guess is that the firm is waiting until after the appeal deadline to pay. Note that the judgment isn't enforceable until the appeal deadline (30 days after entry of judgment) have passed.

 

[Zigner]

So, why did they file the small claims case in the first place, instead of simply returning 2k to me of the 7k that the attorney kept?

Because they wanted a court order allowing them to keep the $5k.