How to Get Attorney Fees Back From My Lawyer

[LisaDW]

My question involves legal malpractice in the state of: Calif

. My divorce attorney was pro bono. His agreement said I owed nothing. If he sought any money for legal fees (from husband) he would file a motion in court first and get court order.
My husband gave my attorney $5000 to get me to sign a divorce settlement.
Can I get that money back?

[Dogmatique]

I'm confused - why do you think that would be your money?

[Who'sThatGuy]

I'm confused - why do you think that would be your money?

Well isn't half of it hers? lol

[LisaDW]

That's what I thought. Property had not been divided yet. It came from community property retirement fund.

[Mr. Knowitall]

You signed the settlement, right? And that settlement resolved the issue of what was and was not in the marital estate and how it was to be divided, right?

[cmre3456]

If the fees paid to the attorney were before the settlement was signed and without your knowledge, or were in direct conflict with the agreement, or were without your knowledge until after the settlement was signed, you might have an argument.

If you signed the settlement with a pure belief that the $5k was still there, the information was withheld from you, and you can prove you expected another $2,500 based on information, you might have an argument.

I'm not sure it's malpractice. Maybe. It might be deception by your ex, or you may have inadvertently agreed to it.