Legal Question in Business Law in California

I was speaking with an attorney via email for representation. I never heard back from him. Now this attorney is representing the defendant in my case.

I was never given notice that I had not established a relationship with a prospective attorney.

Would the email conversation - below - we had be considered an established relationship with an attorney?

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Please advise in which court the previous actions were filed. Please send us a copy of the last complaint you filed along with any settlements and the lawsuit they filed to set aside the agreement.

Also, please provide a telephone number so that we may call you after reviewing the documents.

Thank you for contacting us. Should you have any questions or comments, please do not hesitate to ask.

Look forward to receiving the information requested.


Asked on 6/02/16, 4:47 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

From the content of the e-mail, it appears that the attorney was asking for documents that were available to the general public. If you had a phone conversation with the attorney and it was general rather than the attorney providing you with his preliminary opinion about the case or you imparted specific information that was not available to the public, it might be difficult to say that representation -- even limited -- had been established. Even so, you might file a motion in the case, as soon as possible, to disqualify the attorney based upon the (significant?) contact you had with him and the information you had had shared.

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Answered on 6/02/16, 4:59 pm

What the attorney sent back to you is of little or no relevance. As Mr. Cohen indicates, it's what you said to the attorney and/or information or records that you provided the attorney that would establish whether you have a right to disqualify that attorney or not. You clearly did not retain him or her, but you may have had communications that created a conflict of interest. There is no way to tell that or not from your question, however.

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Answered on 6/02/16, 5:10 pm


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