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Lawyers & Lawsuits

How to find the right lawyer for your case and what to do if a problem arises with your lawyer need not be difficult tasks if you follows a few basic rules and are aware of the agencies that exist to help. The following discussion will briefly cover those matters.  

Choosing a Lawyer

There are many ways that experienced attorneys can be located.  Those include: referrals by other attorneys; recommendations by family, friends and co-workers; lawyer referral services certified by the State Bar and operated by local bar associations or others; legal services and legal aid programs; legal directories; and public interest organizations, . 

Once a lawyer has been located, it will be your responsibility to inquire into the lawyer's experience with similar matters, what he thinks of your case, how long it will take, and what he will charge. There will be no better opportunity than your first meeting with that lawyer for you to determine whether you will be comfortable entrusting your case to him. If you don't understand something, ask for an explanation and always have a written fee agreement.  

The Contra Costa County Bar Association provides a lawyer referral service to help people find experienced attorneys. They maintain lists of attorneys who have agreed to provide an initial consultation at a low fee.  Call (925) 825-5700 for assistance.

The State Bar of California provides a helpful pamphlet entitled, "How Can I Hire The Right Lawyer?", which can be obtained by calling (415) 538-2280 or on the Internet at www.calbar.org/2con/3conhowc.htm.

Ethical Complaints

The State Bar of California maintains an Attorney Discipline System that receives complaints against attorneys, investigates, and prosecutes attorneys against whom allegations of impropriety and/or fraud appear to be justified.  The complaints must be about unethical behavior as defined in the Rules of Professional Conduct and/or the State Bar Act.  Information regarding the Attorney Discipline System, including how to file a complaint, can be obtained on the Internet at www.calbar.org/Discipline/Overview.htm or by calling (800) 843-9053.  There is no fee to file a complaint.

Fee Disputes

The Contra Costa County Bar Association provides a Fee Mediation/Arbitration Program which assists clients who are having a fee dispute with an attorney. The filing procedure and information regarding this program can be obtained on the Internet at www.cccba.org/Fee%20Arbitration/index.htm or by calling the Bar Association at (925) 288-2541.  There is a filing fee for this service.

Other Problems

The Client Relations Committee of The Contra Costa County Bar Association will attempt to resolve complaints against attorneys practicing law in Contra Costa County.  They can help with communications problems, money disputes not involving fees, attorneys not performing services for which they were hired, and failure to turn over files or records on request.  A form entitled, "Client Request For Assistance", must be completed   The form can be obtained at the Bar Association offices, 1001 Galaxy Way, Suite 102, Concord, CA 94520, or by calling (925) 686-6900. There is no fee for this service.    

The State Bar of California provides a helpful pamphlet entitled, "What Can I Do If I Have A Problem With My Lawyer?", which can be obtained by calling (415) 538-2280 or on the Internet at www.calbar.org/2con/3conhowc.htm#a12.

Small Claims Court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal.  A claim cannot be for more than $5,000 and must be filed in the judicial district where the incident occurred or in the judicial district where the defendant lives.  A Small Claims packet, which includes instructions and necessary forms can be obtained at any County Courthouse.    

The Contra Costa County Bar Association sponsors a Small Claims Advisor Program which consists of free seminars on how to use the Small Claims Court, a 24-Hour telephone information service, and personal responses to telephone inquires.   Information regarding this program can be obtained on the Internet at www.cccba.org/smallclaims.html or by calling (888) 676-7277 from within Contra Costa County / (925) 646-6109 from outside Contra Costa County. There is no fee for  this service.

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