Attorney Fee Dispute

What are your Remedies if you feel that your Attorney did not properly Represent you?

The Mandatory Fee Arbitration Program cannot help you recover damages or offset expenses incurred for attorney malpractice or misconduct. If the arbitrator determines that the attorney's malpractice or professional misconduct reduced the value of the attorney's services, the arbitrator can reduce the attorney's fees accordingly. By law, however, the arbitrator(s) cannot offset the fee or order the attorney to pay you for any damages the attorney's conduct may have caused. If you believe that you have a separate claim for attorney malpractice, you should discuss the matter with an independent attorney Cal Bar Website

andres law.com/ legal-malpractice-faq

nolo.com/

blumberg law.com

California Jury Instructions # 600

Breach of Contract
Elements

	duty -- that the attorney owed you a duty to act properly
	breach -- that the attorney breached the duty: she was negligent, she made a mistake, or she did not do what she agreed to do
	causation -- that this conduct hurt you financially, and
	damages -- that you suffered financial losses as a result.

Statute of Limitations

Fee Arbitration Advisory - Statue of Limitations 96-02

calbar.ca.gov/ Arbitration Advisories

calbar.ca.gov Fee Arbitration Code

Rules of Procedure - Fee Arbitration

Fee Arbitration Code

Small Claims Court?
Self Help Section

116.220. (a) The small claims court has jurisdiction in the following actions: (1) ...for recovery of money, if the amount of the demand does not exceed five thousand dollars ($5,000).

What does "Recovery of Money" mean?

(4) To confirm, correct, or vacate a fee arbitration award not exceeding five thousand dollars ($5,000) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than five thousand dollars ($5,000) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.

Attorney Fee Dispute court info.ca.gov/sc101

courtinfo.ca.gov/sc100

Small Claims - Judges Bench Guide

Civil Code of Procedure

340.6 (a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. If the plaintiff is required to establish his or her factual innocence for an underlying criminal charge as an element of his or her claim, the action shall be commenced within two years after the plaintiff achieves post conviction exoneration in the form of a final judicial disposition of the criminal case. Except for a claim for which the plaintiff is required to establish his or her factual innocence, in no event shall the time for commencement of legal action exceed four years except that the period shall be tolled during the time that any of the following exist:
   (1) The plaintiff has not sustained actual injury.
   (2) The attorney continues to represent the plaintiff regarding the specific subject matter in which the alleged wrongful act or omission occurred.
   (3) The attorney willfully conceals the facts constituting the wrongful act or omission when such facts are known to the attorney, except that this subdivision shall toll only the four-year limitation.
   (4) The plaintiff is under a legal or physical disability which restricts the plaintiff's ability to commence legal action.
   (b) In an action based upon an instrument in writing, the effective date of which depends upon some act or event of the future, the period of limitations provided for by this section shall commence to run upon the occurrence of that act or event.

339. Within two years: 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code; or an action founded upon a contract, obligation or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title
insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.
2. An action against a sheriff or coroner upon a liability incurred by the doing of an act in an official capacity and in virtue of office, or by the omission of an official duty including the nonpayment of money collected in the enforcement of a judgment.
3. An action based upon the rescission of a contract not in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake.