How to Sue a Client for Attorney Fees in California
Suing a client for attorney fees in California requires an attorney to engage in a balancing act. You need to follow the California rules of civil procedure as you do in all other lawsuits. Additionally, you need to make sure your collection attempts, including suing a client, comply with the requirements of the rules of professional responsibility for attorneys.
Instructions
- 1
Attempt to negotiate with your client a settlement of the fee issue. California law obliges any potential litigant to make a reasonable effort to settle a case before filing a lawsuit and proceeding toward trial. Additionally, the California rules of professional responsibility for attorneys requires you to take all reasonable steps to resolve a fee issue with a client, with a lawsuit considered to be the last resort.
2Put any settlement proposal made in writing. A written settlement proposal is important for clarity and to be able to document your settlement efforts should you need to show that later.
3Send a demand letter to the client if you fail in settling the matter. The demand letter sets forth the specific parameters of what you will accept from the client in the way of fees in order to forgo a lawsuit.
4Set a specific deadline for the client to respond and make arrangements to pay the fees owed.
5Send the demand letter to the client via certified mail, return receipt requested.
6Prepare a petition like that used in any other civil lawsuit, particularly a collection suit, that includes the name of the client, the client's last known address and the amount due to you.
7File the petition in the California trial court in the county in which your law practice is located or in the county where the client resides. Filing the petition officially commences the lawsuit against your client for attorney fees.
8Request the court clerk to direct the sheriff to serve the petition on your client.
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