[mfischler]

I hired an atty at the end of 07 to handle a child support matter. I believe his fee (90% of the child support award I was given) meets the California Bar standard of unconscionable and I'm disputing roughly half of it.

He has now filed a Motion to Be Relieved. I want to have the motion dismissed on the following grounds:

1. He has not been my attorney for over three years. We've had no professional or personal contact since early 08.

2. On page 1 of MC-052 item 3 he states that he's had a phone conversation with me within 30 days prior to filing the motion. Again, we haven't talked in over two years.

3. Item 2 of the same page is in flagrant violation of Rule 3.1362. It reads

“There has been a breakdown in the attorney/client relationship such that attorney is no longer able to represent client in this matter. There Is outstanding and unpaid balance due to attorney, in the amount of $8.082.95 as of April 15, 2011.”

I think the second sentence:

1. Violates client confidentiality.

2. Violates the requirement that the reason for motion be stated “in general terms”

3. Prejudices—both by its appearance at all and its specific language—my efforts at potentially obtaining future counsel.

My questions:

1. Is this reasonable grounds to dismiss this?

2. Is there a way I can stop this guy from doing it again (e.g. send him an email formally relieving him).

3. What is the process I follow (forms?)

The motion orders me to produce all the FL 140 forms. I want to avoid the hassle and I want to make sure his Reasons for Motion are removed from the record—thus the reason for my wanting it dismissed instead of just going to court and agreeing to it.
Thank you

[JudyKayTee]

I am a little confused about you reason(s) for blocking his attempt(s) to be relieved from representing you. You WANT him to continue as your Attorney?

You cannot remove the grounds for the Motion from the Motion.

Is he arguing that your fee arrangement is a contract, enforceable for four years?

I can only address NY BUT I know of no State where comments in Court papers about the very matter being heard violate client confidentiality. This isn't a case where you admitted to a murder and now he's turned you in.

The reason must be stated in general terms. That means it MUST be stated in general terms. That does not preclude a more thorough explanation.

There is no way he can ask to be relieved for non payment without stating that you haven't paid what he believes you owe. Therefore, prejudicial or not, it's important to the matter at hand.

No, I don't see any of the "causes" you stated as sufficient to dismiss his Motion; if the Motion is granted the Court will formally dismiss/relieve him (which is part of the relief he is requesting); and what forms are you asking about?

If you were asked to submit certain information, then you must submit it. If you don't it will be subpoenaed. If you still don't you are in contempt of Court. It IS possible that ignoring the request COULD be contempt. I don't know without seeing the papers.

You cannot simply erase his Motion from the Court records. If you don't want to argue with him, pay him what he is requesting (and I appreciate that it may very well be an unfair amount, an amount you did NOT agree to) and the Motion will be dropped; therefore, no one can access it.

These matters are public record, but I don't know of anywhere where they are published and, bottom line, usually no one cares. If he is awarded a Judgment against you, of course, that IS public record and goes on your credit report. If he has taken this to this extent it probably is already on your credit report.

Side issue - are you saying the amount he is claiming is NOT the amount you agreed to, the amount in your retainer agreement?

[mfischler]

Thanks for the response. Is not issues regarding payment of fees considered convered by client/attorney confidentiality?

[AK lawyer]

Thanks for the response. Is not issues regarding payment of fees considered convered by client/attorney confidentiality?

No, as JudyKayTee already told you, most definitely not.

[JudyKayTee]

Thanks for the response. Is not issues regarding payment of fees considered convered by client/attorney confidentiality?

No - and how can he sue you for unpaid fees if he can't mention unpaid fees? Think about it. It would put him at a disadvantage.

Anyway, the answer is no and why are you fighting his request that he no longer represent you?

[mfischler]

Judy.. . He is not suing me for unpaid fees. He's simply entering a motion to be relieved as counsel. This is a hearing in Family Court--guidance is CA Rule 3.1362 for filing the motion. It states clearly that the Reason for Motion must be general and not a violation of confidentiality. It implies that it cannot contain anything that would prejudice my obtaining counsel in the future. At the time of the hearing in August I will have filed my complaint for unconscionable fee (his fee is roughly 100% of the child suport award he got me which I believe meets the CA standard). With the CA bar. My concern is that I don't want information about a fee dispute--especially specifics about a specific amount--in the public record. This is, it seems to me, a violation of confidentiality which the rule specifically prohibits.

Thanks again for all your responses.

[AK lawyer]

... He has now filed a Motion to Be Relieved. I want to have the motion dismissed

...

My questions:

1. Is this reasonable grounds to dismiss this?

2. Is there a way I can stop this guy from doing it again (e.g., send him an email formally relieving him).

3. What is the process I follow (forms?)
...

Sorry, like JudyKayTee, in my previous post I misunderstood, and thought that he was suing you for his fees.

So he is moving to be relieved as your attorney. Your questions relate to fighting (i.e.: dismissing) that motion. Why would you want him to continue to be your attorney of record? You cannot "formally relieve" him as attorney of record by just sending him an e-mail, but you can send him an e-mail asking him to send you a stipulation, for you to sign and to be filed with the court, that he be relieved.

[this8384]

You don't like him, think he overcharged you; he says you haven't paid him and doesn't want your case anymore, which is why he's filing the motion. You're upset because you feel he violated the confidentiality of your relationship - what did you want him to state were his reasons for asking to be relieved? You quote "general terms" which failure to pay would fall under... what do you think he should have written in his motion?

Rather than wasting the money and time filing a motion to dismiss his motion, you'd be better off just letting the court dismiss him.

[mfischler]

Many thanks

My primary concern is that the information he put in his motion might prejudice my efforts to hire another attorney in the future to handle this matter. As far as "general" (the language from the rule), something like "unresolved fee dispute" rather than "There Is outstanding and unpaid balance due to attorney, in the amount of $8.082.95 as of April 15, 2011: which is both misleading (since it presents only one side of that story) and very specific.

Very grateful for your response.

[JudyKayTee]

It's not misleading - it's his side of the dispute, his reason for asking to be discharged, and it's in a legal paper. Again, he needs reasons to back up his Motion, and that is one of his reasons.

I don't know why the next Attorney has to know what's in these Motion papers. Will the next Attorney find out? Possibly. Will the next Attorney work off a large retainer and bill you very conscientiously? Without a doubt.

[mfischler]

Thank you once again--I appreciate the responsiveness and the good advice.

[mfischler]

One last thing.. . No response requested. Just to put the polish on it.

The attorney handled a child support matter for me. The opposing party didn't object--it was just a question of amount (ex hired a lawyer so I had to). All she had was a paycheck. No assets. No investigation or research required. I had one meeting with the atty. Together we had one meeting with the other side. Court date was a 15 min negotiation in the hall, based on simply a reasonable fraction of California's guidance system. I agreed to the first offer they made. That was the whole magilla. His fee is 90% of the value of the child support award. I've paid half--some in retainer and some after. Ninety cents of every dollar seems to me slightly out of whack for a vanilla case.

Thanks again.

[JudyKayTee]

Is it out of whack? Yes. Your retainer agreement was 90% across the Board, not X% if decided at a hearing, not x% if decided without a hearing? People don't realize that they can be very specific - so they aren't.

I've heard worse (believe it or not).

I guess the Attorney justifies this by winning "on" you and losing on somebody else...

[ScottGem]

The attorney handled a child support matter for me. The opposing party didn't object--it was just a question of amount (ex hired a lawyer so I had to). All she had was a paycheck. No assets. No investigation or research required. I had one meeting with the atty. Together we had one meeting with the other side. Court date was a 15 min negotiation in the hall, based on simply a reasonable fraction of California's guidance system. I agreed to the first offer they made. That was the whole magilla. His fee is 90% of the value of the child support award. I've paid half--some in retainer and some after. Ninety cents of every dollar seems to me slightly out of whack for a vanilla case.

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

Second, what exactly, was your fee agreement? Was it for 90% of your first year's award or were you on a per hour basis on a retainer or what? If you agreed to 90% and it turns out that he only spent 2 hours getting you that 90% you still owe the 90%. Doesn't matter whether it took 2 hours or 200.

[mfischler]

Apologies for the breach.. . I've not been here before

He asked for a 5K retainer and indicated it might run over that if there are unforeseen complications. As I say, this one seems filled with foreseen simplicity. (He's also of course already billed me for filing the motion to dismiss and I expect he'll charge for the court appearance and the bottle of Evian)

[ScottGem]

So you apologize then continue to use the wrong answering method. Again, please DO NOT use the comments.

Ok, so if the arrangement was a retainer, then you need a accounting of what you are being billed for.