Legal Question in Civil Rights Law in California

I keep asking this question, but it seems to some lawyers on this site, that the question seems "VAGUE" and I do not understand:

THE PERSON THAT I SIGNED THE CONTRACT WITH IS NOT AN ATTORNEY!!!

I signed a written contract with another person, and the outside work that I am performing for this person is for legal cases that are currently in litigation for, this person. Since the person cannot offer me compensation upfront, it is stated within the contract that" I will be compensated 7% of each case" I do realize that I am taking a risk of not being guaranteed if the person does not win the cases.

Also, within the written agreement it states: "If I pay him $400.00 (he is not a shyster, so don't think that) that I would also, entitled to 7% of each case" I already paid the $400 (have records).

The reason this person asked me to pay the $400 is because they needed it for patent lawyer fees.

BUT, IT TURNS OUT THAT THIS PERSON IS NOT ALLOWING ME TO PERFORM UNDER CERTAIN PROVISIONS OF THE CONTRACT. IN FACT, I HAD TO HUNT HIM DOWN IN ORDER TO GIVE HIM THE LAST $100 OF THE $400 BEFORE THE END OF THIS MONTH, IN WHICH I HAD IT DELIVERED TO HIS PLACE BY CERTIFIED/CONFIRMED MAIL A FEW DAYS AGO.

OTHERWISE, THERE ARE OTHER PARTS OF THE CONTRACT THAT I AM DOING AS TOLD, BUT HE MAKES EXCUSES LIKE HE DID NOT RECEIVE THE EMAILS, THEN WHEN I MAKE EFFORTS TO CONTACT HIM BY PHONE, HE NEVER ANSWERS, OR CALLS BACK AND I SPOKE TO HIS FRIEND THAT IS CLOSE TO HIM, AND HIS FRIEND HAS NEVER MENTIONED TO ME THAT HIS PHONE OR COMPUTER IS NOT WORKING, AND SOMETIMES HE USES HIS FRIENDS PHONE, SO I MAKE EVERY EFFORT TO CALL HIM ON HIS FRIENDS PHONE AS WELL, BUT HE NEVER RETURNS PHONE CALLS.

AND I AM HELPING THIS PERSON TO THE BEST OF MY ABILITY ( EVEN WITH THINGS THAT ARE NOT WITHIN THE CONTRACT).

EVEN TO THIS DAY, THE PERSON IS STILL AVOIDING ME, AND HE HAS ALL OF MY CONTACT INFORMATION, BUT MAKING NO EFFORTS, AND I DON'T KNOW WHAT TO DO.


Asked on 6/29/11, 12:59 pm

1 Answer from Attorneys

This is off the top of my head, so hopefully another attorney can chime in if I am off base. If neither of you are attorneys, your contract may be illegal. I'm sure not how the other party is involved in so many cases if he is not an attorney. Regardless, it may be illegal for a non-attorney to base your compensation on the outcome of a case. I think you are going to have a really tough time enforcing this contract in court. It seems kinda shady. From a practical stand point, if you are having such a hard time communicating with him now think how hard it's going to be after he owes you money. You should cut your losses, quit working for him and try to get your $400 back. Actually, you may be able to get that in small claims court.

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Answered on 6/30/11, 2:42 pm


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