Contingency fees

I am currently in litigation with an escrow company that is a part of and bonded by Prudential Reality of California. Short version, my ex of over 9 years used to sell real estate and still has many friends in that field. We sold a property & bought another. At closing the escrow officer (her friend) never recorded the deed placing the house back into a trust for our children, but recorded one solely in my ex’s name. She has since refinanced and ****** out 300K. The house is in Agoura, Ca. Original complaint was based upon fraud and gross negligence. My counsel accepted the case on a contingency basis thus a % of any funds recovered. At first he was a tiger guns blazing. In the deposition escrow said the deed was mistakenly sent to the wrong title company and admitted negligence without fraudulent intent. At the mandatory settlement conference my attorney never presented Prudential (who had flown in 3 attorneys from N.Y.) my monetary requirements to dismiss the case. I caught him being dishonest by presenting one of their offers to me over the phone (I was in Kansas) and another to my current wife (who had my power of attorney to settle) explaining that he had talked to me and I wanted her to sign court docs. It was for over 80 K less and he insisted she sign becoming verbally abusive when she refused. She confronted him saying we had recorded his phone call to me. He became irate grabbed the cell phone out of her hands and ran into the restroom telling me it was the best we would ever get and we would not prevail at a trial. We did not accept and requested a trial date. He is no longer our counsel and has placed a lien on the case for his fees up to that that time. There was no recording and it is his word verses ours if we take action against him. Is he entitled to his fees up to that point? I have yet to see the lien papers he filed.

If he provided services for you up to that point, then yes, he is. But since you allege wrong doing or even criminal activity, that is an entirely separate matter from the original case. I am sure it says in your retainer agreement that he will receive such and such even if you hire another attorney.

Thanks again for your insight, I hope I am not bombarding you with inquires. One question, as I have been perusing the site I have noticed some, let us say intensely heated exchanges. I was wondering if it is in jest or something that should be avoided. Thanks again.

I don't mind the questions--thats what this forum is for.

Heated exchanges about topics happen from time to time, but personal attacks aren't welcome. Unfortunately, the difference between the two escapes some posters.

But seldom do you find a lawyer who will espouse that you should go to the disciplinary committee in HIS state with a complaint that you had to let him go because of his recorded conversation and his attempt to coerce your wife into signing a document for $80K less. You should make a complaint in writing to this effect and I'd bet they will see to it that he is "let go" without collecting your funds which he has clearly put at risk by dealing with you in a less than truthful way and by abusing your wife's trust. Now that you have to pay another lawyer to do what he was suppose to do with YOUR interests in mind, there is NO WAY I'd let it go without a fight. This lawyer acted unethically. You knew it. You fired him. So complain and get those fees rejected legally.

Actually, I was referring to the State Bar Association which is charged with a duty to investigate this attorney's actions. One complaint might not get much attention, but if you have any proof... write it up and see if you can get this fraudster disbarred so nobody else has to find out the hard way to avoid him.