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After an attorney hired to represent me...

Resolved • Response time 29 minutes

27 May 2013

After an attorney hired to represent me successfully coerced, then demanded I give him an extra $5000.00, I went through the prescribed process to attempt recovery. First was the state (California) bar association's county office for help. A Fee Mediation Hearing was held. Again, the attorney, using a combination of tactics created such confusion for the arbitrator she couldn't mask it in her Decision as well as the included narrative. Still able to realize a wrong had been committed, she calculated an amount of $500.00. Her Decision included the filing fee for a total $850.00. A credit card cash transfer receipt for $2000 was missing at the arbitration hearing, due to the bank's inability to provide a copy in time for the hearing. The arbitrator was made aware of the situation. She suggested I use a different appropriate court and revisit the issue, in the event the missing receipt was made available to me. When it arrived by mail soon after I filed a small claims action immediately. Thankfully, with all the evidence necessary to establish my claim, the small claims judge wasn't swayed by the attorney's double, sometimes triple-speak. The judgment ordered the defendant to pay the remaining balance of $4500, plus the court costs and related fees. On the 30th day after the Writ of Execution was filed the defendant filed an Appeal of the Decision. Within no more than two days after the Appeal Hearing was scheduled he then asked for a Continuance, claiming he had cases scheduled for the same day. More than a bit aggravated and curious, I took it upon myself to verify the conflict. He was correct, he had ONE case, scheduled 90 minutes prior to the Appeal start time. The more troubling irregularity, for me, was this had been scheduled as a 'phone-in' appearance. While I am not aware of courthouse vernacular, this particular term does not leave a person puzzled as to its meaning. But I digress. The end result was the Appeal was rescheduled to May 24th way back in the first week of March, 2013. At the time it seemed like forever. Now the hearing has concluded and just when I was sure this defendant couldn't manipulate and pervert a very simple straightforward process, I find myself still somewhat frozen in place, in need of further thawing out. The tactics used this time, in my view, are just too close to qualifying as criminal and even premeditated. Perhaps I might have an opportunity to properly discuss this part of the nightmare with someone, in real time. Quite honestly, I still feel a strong sense of anxiety and betrayal at the hands of this individual. An opportunity to retell the events I witnessed this past Friday, at the very least, might offer some relief. Thank you in advance of your time and effort on my behalf as well as for providing help to reset my social balance. I continue to hold onto the hope I will be fully reimbursed and the defendant will be given a powerful enough deterrent causing him to conduct matters in a more transparent and upstanding manner.
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27 May 2013

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Lawyer's response
27 May 2013
Attorney Wayne
Attorney Wayne
Once the money is in hand, you could consider filing a complaint with the State Bar of California. The fee mediation and licensee regulation processes go on separate tracks -- and the bar regulators may not know the details of a small claims and fee mediation case. You can bring this to the Bar Counsel's attention with this form: http://www.calbar.ca.gov/Portals/0/documents/Regulation/2012-09_ComplaintForm-Instructions.pdf The bar counsel will want copies of any evidence -- including those documents submitted to court, any other evidence of malfeasance, as well as any judicial or arbitration documents. I wish all the best for speedy resolution of this matter.
Attorney Wayne
Attorney Wayne
Attorney-at-Law
Avg. question only $36
Practicing law since 2000.
27 May 2013
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