Legal Question in Civil Litigation in California
About 5 years ago, in 2008, I used to work in a manufacturing company, and during the company's christmas holiday party I met one of my co-worker's father "JEFF", whom happens to be a civil-law attorney.
Last year (in 2012) I was leaving the Courthouse, and I ran into my former co-worker's father (JEFF, the Attorney) as he was going inside the courthouse. JEFF asked me what I was doing at the courthouse, and I told him that I was litigating my civil case In Pro Per. JEFF then told me that I should've called him for his legal help, and if I needed legal help in the future, to call him. I said I will If I need to.
My mom had an Unfair Business Practice case in pro per, that another attorney from Laguna Hills, abandoned.
I asked JEFF in an email, if he could help me with my mom's case by making a Special Appearance via CourtCall, and he emailed me that he could not.
(BTW, during that time, I also emailed a request to one of your LawGuru attorneys-Michael Stone-Malloy from Lions Law Office, and he almost did, but didnt. He had email me in the past to see if he could take another case)
Since JEFF had promised he can help in the past, and now changed his mind, do I have a Breach of Oral Contract/Agreement case against him/his law firm?
I'm willing to negotiate a decent settlement with him?
2 Answers from Attorneys
No. You and Jeff never formed a contract, so he could not have breached it.
"Call me if you need legal help" is not a promise to represent you. It's an invitation to discuss having him represent you. To have a contract, you and Jeff would have to agree on what work he was to do, how much he would be paid, and numerous other details. The fact that he invited you to call does not mean you can demand that he handle whatever legal needs might arise, or that you can successfully sue him if he doesn't.
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