When California Automotive Repair Shops or SMOG stations receive a legal document titled “Accusation” they are being served with a formal written statement detailing the regulatory violations upon which the licensing authority is seeking to revoke their BAR license. The Accusation serves as a pleading and is the first document filed in BAR license revocation cases. Once received, the Auto repair shop or SMOG station has limited time to respond by filing a Notice of Defense. If a Notice of Defense is not filed the Auto repair shop or SMOG station is deemed to have waived their right to a formal administrative hearing and a default decision revoking the BAR license will normally follow.
Auto Defense Attorneys
After receiving an Accusation many Auto Repair Shops or SMOG stations who want to defend their license will call an Automotive defense attorney who will file the Notice of Defense, request discovery and represent the auto repair shop or SMOG station at the formal administrative hearing. In essence, the automotive license defense attorney will serve as an advocate through settlement negotiations and at the formal administrative hearing.
Fees
Attorney fees are a significant concern for Auto repair shops and SMOG stations defending their license. Many attorneys charge a retainer fee and bill by the hour. As a result, every monthly bill will vary and the client may run out of money before the hearing. Fortunately, some attorneys charge flat fees. In a flat fee billing arrangement the attorney will charge a fixed amount for representation regardless of the amount of work required to resolve the case.
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