Legal Question in Civil Litigation in California
Do I need a contract attorney?
My ex-employer/friend (attorney) represented me pro bono in a probate case 4 years ago. I substituted him out and went with a different attorney. I continued working for him for 2 years. Because of sexual harassment, I quit. He filed a complaint against me stating that we had an oral agreement that I would work for him to repay the ''bill''. I've never received a bill, we had no such agreement, I was paid cash ever time I worked for him. I hired an attorney to represent me on this matter, and have gone through a non binding arbitration and won. The ex employer attorney filed a Trial de Novo. My attorney filed a Demurrer that is set for May. Now my attorney is telling me I should settle and that it would cost too much to continue to trial. When I first hired him, he was all fired up and assured me this would be an easy case, and after we won, we would sue him for malicious prosecution, now $10,000.00 later, he's folding. My question is really, are there any true or honest attorneys that can help me out here? I'm so frustrated. I don't know where to turn or what to do. I have many emails from him backing my side of the story, I don't understand why I should settle. I need help or do I need to hire a different attorney?
2 Answers from Attorneys
Re: Do I need a contract attorney?
Yes there are honest attorneys. Often the problem is poor communication and not dishonesty, I hope that is what happened here. If you have lost confidence in your current attorney and do not feel comfortable with him I would suggest you hire a new attorney as soon as possible. If you do not wish to settle you don't have to, it is completely up to you -- not your attorney. If you want a second opinion (doctors do it all the time, why not lawyers?) feel free to contact me. Our litigation services are provided on a fixed fee up front basis. No hourly billing. You'll know exactly how much our representation will cost from the beginning.
Yours truly,
Bryan
619.400.4929
877.201.8728
Re: Do I need a contract attorney?
You need a new attorney.
Based on the facts that you have provided, there is no basis for the suit against you. The only reason to settle is if it will cost you less to settle than to win.
You appear to have several good claims based on the facts you presented: 1) Wage & Hour violations, 2)Sexual Harassment, 3) possible malicious prosecution or abuse of process.
May seems to be a long wait for a demurrer to be heard, by the way.
Feel free to contact me [email protected]
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