Legal Question in Legal Ethics in California

Never agreed to be represented

When my apartment building flooded and mold started to grow everywhere, my landlord did nothing so I consulted with an attorney about breaking my lease. When he heard it was a major flood affecting all the units, he came over, took photos, and asked about my tenant policy.

Shortly thereafter, I got a package of forms needed to retain him. I NEVER SIGNED any of these forms.

Months went by and I contacted my insurer, and they told me that I was being represented by legal counsel, and they couldn't speak to me. I was outraged. I told them I DID NOT HAVE LEGAL REPRESENTATION, but they sent me a copy of his letter saying he represented me. Now, he won't return my calls to explain himself!

The flood affected all the units, and was caused by an insured roofing company. I only asked for advice about breaking my lease...not taking legal action! I certainly never agreed he would represent me in any manner, but he did anyway. Now I'm in limbo and can't get my claim settled.

Is this attorney malpractice?HELP!


Asked on 1/17/05, 8:20 pm

1 Answer from Attorneys

Joel Selik www.SelikLaw.com

Re: Never agreed to be represented

What are you trying to accomplish now? I would suggest you have an attorney contact this attorney who clams to represent you.

JOEL SELIK

Attorney at Law

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

Licensed CA Real Estate Broker

LEGAL MATTERS: TRIAL WORK/CIVIL LITIGATION AND APPEALS: Elder Neglect/Abuse/Nursing Home Malpractice, Personal Injury, Contracts, Tax Litigation, Business, Malpractice, Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 1/17/05, 8:23 pm


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