There is only
one person who can help you and your family through such
things as death, divorce, custody disputes, criminal
charges, auto accidents, injuries, lawsuits against you? Who
am I talking about? I'm talking about a lawyer.
Clients seek the services of a lawyer in the worst days of
their lives. To many the word "lawyer" is a dirty word.
Others simply don't want to talk to them. But the bottom
line is...
Everybody needs
one!
That's right,
not having a lawyer, particularly during troubled times, can
spell DISASTER! But even when everything is going fine, you
still need a lawyer! Do you have a will? Do you know exactly
what's in it? When is the last time it was updated? Have you
had an accident or injury? Do you know if you could be
liable for the damages caused or if you will be able to
collect for your injuries and damages? How do you protect
yourself when selling or buying a home?
Ok. You may agree with me that lawyers are essential, but
how do you know which lawyer to trust? How do you know how
to protect yourself from paying outrageous fees? You must be
educated as to how lawyers bill to understand how to protect
yourself.
Let me please introduce myself. My name is Oscar E. Toscano
and I am a lawyer. Over the last 23 years I have been
earning "trust" helping many people like you with their
legal matters. I am an AV rated lawyer. (This is the highest
rating for lawyers according to Martindale Hubbell).
Please understand that I am different from most lawyers. I
like to develop a warm, professional lasting relationship
with my clients. I aim to do a great job and at the same
time save you money. If I succeed, you will be pleased and
refer other potential clients to me. Once I explain to you
the alternatives, if you decide we can work together, that's
great. But if not, at least you walk away with an
understanding of how lawyers bill for their time that you
never had before. And that's what's important to me!
In California, lawyers are subject to the rules of
professional conduct. Rule 3-300 applies to attorneys fees
and states as follows:
"A member shall not enter into a business transaction with a
client; or knowingly acquire an ownership, possessory,
security, or other pecuniary interest adverse to a client,
unless each of the following requirements has been
satisfied:
(A) The transaction or acquisition and its terms are fair
and reasonable to the client and are fully disclosed and
transmitted in writing to the client in a manner which
should reasonably have been understood by the client; and
(B) The client is advised in writing that the client may
seek the advice of an independent lawyer of the client's
choice and is given a reasonable opportunity to seek that
advice; and
(C) The client thereafter consents in writing to the terms
of the transaction or the terms of the acquisition."
(Emphasis added).
As pointed out in Hawk v. State Bar,(1988),45 Cal.3d 589,
600: "acquiring the ability to summarily extinguish the
client's interest in property is what makes the acquisition
`adverse'". Further, "[a]ll dealings between attorney and
his client that are beneficial to the attorneys will be
closely scrutinized with the utmost strictness for any
unfairness. [Ritter v. State Bar, (1985), 40 Cal. 3d 595,
602]. Failure to give the clients time to seek independent
counsel is not a mere technical violation." [Ritter, supra,
at page 602].
In essence, when an attorney creates the right to collect
disputed fees without prior judicial scrutiny, it is
contrary to law. [Broackway v. State Bar, 1991, 53 Cal. 3d
51, 64; See Silver v. State Bar, (1974), 13 Cal. 3d 134,
139; See Hawk v. State Bar,(1988), 45 Cal. 3d 589,600. The
transactions between a lawyer and a client are closely
scrutinized with the utmost strictness for any unfairness.
[Ritter v. State Bar, supra at 602 no compliance with Rule
3-300 in obtaining the deeds of trust or jewelry as shown
herein.
In Beery v. State Bar, 1987, 43 Cal.3d 802, the California
Supreme Court pointed out that an attorney:
"...must make it manifest that he gave to his client 'all
that reasonable advice against himself that he would have
given him against a third person." [Felton v. Le Breton
(1891) 92 Cal. 457, 469 [28 P. 490]. See also Estate of Witt
(1926) 198 Cal. 407, 419 [245 P. 197]; Gold v. Greenwald
(1966) 247 Cal.App.2d 296, 305?306 [55 Cal.Rptr. 660].)
In Beery v. State Bar, 1987, 43 Cal.3d 802 attorney Beery
was suspended from the practice of law for five years. The
recommendation was based on a single incident of misconduct
that involved concealment of relevant information. The Beery
Court held that:
"...inasmuch as the relation of attorney and client is one
wherein the attorney is apt to have very great influence
over the client, especially in transactions which are a part
of or intimately connected with the very business in
reference to which the relation exists, such transactions
are always scrutinized by Courts with jealous care, and are
set aside at the mere instance of the client, unless the
attorney can show by extrinsic evidence that his client
acted with full knowledge of all the facts connected with
such transaction, and fully understood their effect; and in
any attempt by the attorney to enforce an agreement on the
part of the client growing out of such transaction, the
burden of proof is always upon the attorney to show that the
dealing was fair and just, and that the client was fully
advised. [Id, at Page 813].
The attorney? client relationship has been held to be "...a
fiduciary relation of the very highest character..." [Neel
v. Magana, Olney, Levy, Cathcart & Gelfand (1971) 6 Cal.3d
176, 189?190 [98 Cal.Rptr. 837, 491 P.2d 421]; Clancy v.
State Bar (1969) 71 Cal.2d 140, 146?148 [77 Cal.Rptr. 657,
454 P.2d 329], and "[o]ur principal concern is always the
protection of the public, the preservation of confidence in
the legal profession, and the maintenance of the highest
possible professional standard for attorneys." Beery, p.
816.
What the above really means is that lawyers must charge a
reasonable fee for the services rendered. I'll look forward
to meeting you.
Warmly,
OSCAR E. TOSCANO
Attorney At Law
