Legal Question in Civil Litigation in California

When an attorney who has not been retained acts in the same capacity as a retained attorney in a persons civil case(s) for an extended period of time, then does not follow through from writing papers to obtaining experts (a-z) as affirmed verbally and in writing, causing the litigant harm, is this professional negligence or breach of contract? (Los Angeles Superior Court)


Asked on 10/08/10, 4:59 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Potentially both.

A retainer agreement is not necessary to create an attorney client relationship. Written fee agreements are required in contingency cases, and in cases in which it is reasonably foreseeable that the total expense to the client will exceed $1000. Failure of an attorney to get a fee agreement in writing is voidable at the election of the client, but entitles the attorney to collect reasonable fees for the services rendered. FAILURE TO HAVE A WRITTEN FEE AGREEMENT DOES NOT MEAN THAT NO ATTORNEY CLIENT RELATIONSHIP EVER EXISTED.

When the attorney acted as your attorney, he became your attorney, regardless of the fact that there was no written fee agreement. Once he appeared in your case, he had a duty to act competently as your attorney until your substituted him out as your attorney, or the court signed an order allowing him to withdraw.

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Answered on 10/13/10, 9:34 am


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