Legal Question in Legal Ethics in California

Attorney Failed to Pursue Case After Signing Retainer

My wife and I worked several years for the same employer and we were never paid the full amount of our wages. My income was the most significant but my wife had back wages owed as well. I hired an attorney to pursue my case and he accepted on the condition that both my wife and I sign the retainer and he would pursue her case after mine was finished. My case settled but he never followed through on her case. He didn't return phone calls or letters at all. To meet statute of limitations my wife filed in pro per and settled for far less than she may have received with an attorney. We never received anything from him stating that he was terminating the relationship. This was several years ago and I was reminded of it now because my wife recently died suddenly and I was going through old papers.

Does an attorney-client relationship automatically end after a certain period of time, or does it have to be terminated? I don't know why this attorney never finished up the work he was hired to do.


Asked on 4/27/06, 11:09 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Attorney Failed to Pursue Case After Signing Retainer

I think a reasonable argument could be made that the attorney-client relationship ended at the time your wife filed her lawsuit in pro per, since she had to recognize that the attorney no longer was representing her.

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Answered on 4/27/06, 11:32 am


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