Legal Question in Employment Law in California

I hired an attorney to send a demand letter to a former employer of mine. After many months of delay's my attorney sent me a copy of a letter of demand for payment, in that letter there was a claim the original had been sent to my former employer. After many more months with no contact from my attorney, she claimed there was no response from my former employer. I asked her for proof of service of the demand letter and she could not provide me with any. To my surprise she claimed the letter was sent regular mail and there was no need to have the letter certified. My question is do I have any recourse for the delay, or failure to perform?


Asked on 8/28/10, 2:24 pm

1 Answer from Attorneys

Simple demand letters are generally never sent by anything but regular mail, since proving they were sent and/or delivered has no legal relevance. If the delay caused you to lose rights, such as because the statute of limitations ran out, then you have a malpractice claim. Otherwise, your recourse is to find another attorney.

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Answered on 9/02/10, 2:34 pm


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