At the first sign of a problem with your attorney, contact them right away.
Express your concerns. It may be a simple misunderstanding that can be cleared up with one phone call. In any case, keep a record of the date and time of any calls you have with your lawyer.
If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face.
Your next step would depend on the nature of the problem.
If you do not agree with your lawyer’s advice, let them know, and listen to their explanation. If you aren’t satisfied with the answers, ask another lawyer for a second opinion. You may also consider hiring another lawyer, although that may delay the resolution of your case.
If you have a problem with billing or fees, talk to your lawyer about it. You may find that the case was more complicated and took more time than you realized. Your lawyer may also find that a billing mistake was made. More information about resolving fee disputes
If you need help to re-establish communication with your attorney or retrieve files from a former attorney, you can request it through the pilot Attorney-Client Bridge Program. This pilot program is designed as a proactive step to facilitate better communication between clients and attorneys and to ensure the smooth return of case files from former counsel.
The State Bar of California Office of Chief Trial Counsel, Intake Unit 845 South Figueora Street Los Angeles, CA 90017-2515
You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process. There is no fee for filing a complaint, and you do not have to be a U.S. citizen.
In filing your complaint, you should provide copies of any documents that will help support your claim. Your allegations alone are not evidence. Supporting documents may include, for example, copies of retainer agreements, letters, canceled checks, or pleadings. Keep the original documents for your records.
Resolving fee disputes with your attorney
If talking with your attorney about a fee dispute fails to solve the problem, you can request fee arbitration:
Fee arbitration is an out-of-court hearing in which a sole arbitrator (or a panel of lawyers and nonlawyers) not involved in the dispute will listen to what you and your lawyer have to say, examine the fee agreement, the attorney’s performance and supporting records, and reach a decision regarding the fee dispute.
Arbitration is usually faster and less expensive than going to court, and you can do it without hiring another lawyer.
In most cases, the lawyer must agree to arbitration if you request it.
Have you lost money or property because of attorney misconduct? The Client Security Fund (CSF) is a State Bar program that may reimburse clients who have lost money or property because of a California lawyer’s theft or dishonest conduct.
Losing a lawyer can be a difficult and unexpected situation that can leave you feeling uncertain about your legal matters. It is essential to understand your options following the death of your lawyer.
