Legal Question in Business Law in California
A law firm contacted me regarding fire damage claim after we had a large fire in our area. The law group sent a representative not a lawyer to be here when the claim adjuster came and confirmed damages. I called law group over 10x no response, never talking with lawyer. I got a form in mail from law group saying sign this and send back endorsing check to law group and they would take out 33% and send me the rest. I signed it and sent it in still never receving a phone call back or ever talking with a lawyer. My loan compnay GMAC endorsed the check to me and sent it to me to cash not lawyers. Do I still have to send it to law group after their terrible service or can i cash it and givethem 10% because thats all they really earned in my opinion.
3 Answers from Attorneys
Don't pay them anything. Report them ot the State Bar. www.calbar.ca.gov. Their illegal conduct started when they contacted you instead of you contacting them.
I too think you will probably prevail here, but I don't think it is necessarily as cut-and-dried as Mr. McCormick suggests. In particular, I have just re-read the Rule of Professional Conduct relating to solicitation of clients, and I cannot say with 100% certainty that the law firm's conduct in contacting you was illegal.
The big issue here is whether you had signed a written retainer agreement for this law firm. By law, a contingency fee agreement must be in writing. Their solicitation of you is an ethical violation, but it does not prevent them from earning a reasonable fee.
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