Legal Fee dispute

[bluesman]

Dear Socarateaser,

I have a non-binding arbitration hearing coming up in a few weeks (in CA). I fired my ex attorney who did a very poor job of representing me in my divorce/custody case. I've paid over $22,000 to date and the attorney wants an additional $17,000 for work already billed.

My position in this matter is that the firm did not represent me well and the $22,000 is more than they deserve for what they did.

They represented me one time for 10 minutes in front of a judge. They rest of the hours billed were for declarations, one deposition of a few hours, and endless discussion about whether or not a community property agreement was valid. The worst part of all, the attorney advised me to stipulate to a temp custody arrangement in the beginning telling me I could get more time with my kids at a later time. She said the judges like it when people work things out on their own.

I've since learned that that advice alone could have been the single biggest factor in me losing the case and my ex moving with my kids over 2000 miles away.

My current attorney (who is not representing me in this dispute)  suggested that I file a malpractive suit against the attorney if for no other reason to use as leverage against them since they plan to sue me after the arbitration hearing. I don't want anything from them. I just want them to go away because I don't plan to give them another dime.

1) Do you think this is a good idea?

2) Can you give me any other advice on how to deal with this?

I'm considering the malpractice suit or filing bankruptcy. I'm willing to do almost anything to not give them anymore money.

Thanks!

[socrateaser]

>1) Do you think this is a good idea?

If you can prove your case, then yes -- but it won't be easy

>
>2) Can you give me any other advice on how to deal with this?

If you have no assets, and you are paying more than 25% of your net disposible income in child/spousal support, then you are already "judgment proof" and you can tell the attorneys to go jump.

If you have assets to protect that would be exempt from bankruptcy process (e.g., a homestead in CA, i.e., you have filed with the county recorder to make your personal residence a homestead, and you have equity in that residence, of up to $75,000), then bankruptcy may be the way to go.

[bluesman]

>>2) Can you give me any other advice on how to deal with
>this?
>
>If you have no assets, and you are paying more than 25% of
>your net disposible income in child/spousal support, then you
>are already "judgment proof" and you can tell the attorneys to
>go jump.

Thanks, Soc!

I have a fee dispute arbitration hearing next week about this issue. Acccording to your definition I am judgment proof. Does that mean that I can walk in to the arbitration hearing and tell this attorney to pound sand because I am judgment proof?

[socrateaser]

>I have a fee dispute arbitration hearing next week about this
>issue. Acccording to your definition I am judgment proof. Does
>that mean that I can walk in to the arbitration hearing and
>tell this attorney to pound sand because I am judgment proof?

Well, you could, but I wouldn't. If you lose the arbitration, you will have a judgment against you in an amount that the attorney cannot collect -- for now. But, if you should come into some money or other valuable property, then the attorney could enforce the judgment.

I would still try to work things out, or win the arbitration, obviously.