Can I sue my daughter's attorney for a refund of credit?

Full question:

There is a $7,000 credit due to me in my daughter's account with a divorce lawyer. The divorce is case is closed and the attorney refuses to refund the credit. There was no financial agreement signed by neither my daughter nor myself. I paid for all of my daughter's expenses directly to the attorney and he in turn sent me the invoices and requests for retainers. I do not want to involve my daughter while attempting to get a refund, so I content that I can sue the attorney myself because I have a 'third-party standing' position. Please give me your opinion. Thank you.

• Category: Courts
• Subcategory: Attorneys
• Date: 04/07/2025
• State: California

Answer:

Generally, refunds from attorneys are issued to the client. As a third-party payer, you may have limited rights to sue the attorney for the refund. The court will determine if you have standing based on the specifics of your situation.

To establish standing, you must demonstrate:

• Injury: You must show you have suffered or will suffer a concrete injury.
• Causation: The injury must be linked to the attorney's actions.
• Redressability: A favorable court ruling must be able to address your injury.

Additionally, you cannot assert claims on behalf of someone else who is not part of the lawsuit. The law requires that every action be brought by the real party in interest (Cal. Code Civ. Proc. § 367).

It may be beneficial for your daughter to grant you a limited power of attorney, allowing you to act on her behalf specifically for this matter.

California Rules of Professional Conduct also require attorneys to manage client funds properly and return any funds owed to the client promptly (Cal. Rules of Prof. Conduct, Rule 4-100).

For further assistance, consider consulting a legal professional who can provide guidance based on your circumstances.