[Got Scammed]

Last year during a custody dispute our judge appointed a minor's counsel to represent our daughter. The judge did not set any compensation limits, specify an hourly rate or outline the duties. All her order said was that we had to each pay half, subject to reimbursement or redistribution. As was typical with this judge, the orders were given when our attorneys were in chambers. This attorney charged an initial retainer fee of $7,500 and then asked for another $7,500 on top of that. She never spoke to me, saw my daughter twice (my daughter was 17 at the time) and got 4 continuations. The matter was settled only because my daughter turned 18. The court records show the matter as "pending." My attorney would never go before the judge to fire the minor's counsel even though I asked him to several times. I have since found out that the judge was obligated to establish reasonable compensation for the minor's counsel when she made the order. I have asked my attorney to go back to the judge and establish reasonable compensation based on what was done so I can get some of my money back. He refuses. What do I need to do to go back to court and represent myself? This is a judge in the Los Angeles Superior Court (Stanley Mosk court downtown).

[cadillac59]

You need to substitute your current attorney out of the case first. The file a motion for an accounting of attorney fees.

I really cannot speak to how they do things in LA (I'm in Northern California) but usually the courts set a certain hourly compensation rate for minor's counsel. Then it's up to the parties to deal with paying the fee.

I think I'd first do a little investigation and see what parameters LA County sets on minor's counsel compensation (like a standard hourly rate--they should have one, which is usually low, like $75/hr), then apply to the court for an accounting of the attorney's charges and to set reasonable compensation.

[Fr_Chuck]

Yes, and also if your attorney is refusing to do and file motions you request, I suggest reporting them to the bar associatoin also.

*** sorry cadillac

[cadillac59]

Yes, and also if your attorney is refusing to do and file motions you request, I suggest reporting them to the bar associatoin also.

*** sorry cadillac

The State Bar is not going to do anything. An attorney doesn't have to do anything and everything the client tells him to do. What I would do is this: if the judge sets a fee on the motion this guy files and he doesn't agree with it, he should tell the judge he wants to arbitrate the fee. He has a right to do this under the Business and Professions Code and I doubt the judge has jurisdiction to deny him a fee arb. He should ask for it no matter what.