Legal Question in Business Law in California

Re: Breach of Fiduciary Duty?

He should send you a signed contract. You may want to cancel the agreement after consultation with another attorney.

Joel

JOEL SELIK

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Re: Breach of Fiduciary Duty?

There is a small technical issue that would have to be resolved before an accurate analysis of your relationship with the other party could be made and your rights and remedies analyzed. That is whether the relationship between you is one of attorney-client or just businessperson-to-businessperson. Not every contract a lawyer enters into establishes an attorney-client relationship. I suspect that there is an attorney-client relationship here, since the services to be provided MAY include some that amount to the practice of law, but that is not necessarily the case.

If there is an attorney-client relationship, you are entitled to a written and signed fee and representation agreement, and failure to provide one in any instance where the fee may exceed $1,000 is a violation of legal ethics and of the Business and Professions Code (see Section 6148).

I suggest pointing out B&P 6148 to the attorney. You might also consider "firing" this attorney and getting another that will be more responsive.

Re: Breach of Fiduciary Duty?

A letter should be written and sent certified mail to this attorney to obtain all documents and correspondence. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone. Since the Defendant is located in Los Angeles County, that may be the proper venue for a lawsuit if one is required.