Legal Question in Legal Ethics in California

Yes, there is an agreement as to what was to be the acts he was to do. If you state the facts correctly, he agreed to file suit and at least handle the matter through a demurrer and perhaps a court trial [unclear what 'finding out what a judge thinks" means]. His cashing the check and not telling you for 6 months that he would not proceed is an implied agreement by actions instead of writing and is enforceable. The Bar Association does not require a written agreement when it is that little in fees. He can only charge you, at most, for the actual work done on the case, not his responding to you why he has not done anything. Demand from him the entire file back, including any writings he made in his file, and a detailed time sheet as to what time he spent on your case. point out to him that the State Bar rules require this; do not threaten to go to the Bar if he does not turn that material over as he may accuse you of extortion. he is not supposed to do anything to harm your case as that would be malpractice if yo suffer damages [such as not filing suit]. It is to his advantage to pay you back the $800 then spend the hours fighting you over it and risk problems with the state bar. Even though I charge a heavily discounted rate because I am semi-retired and working form my home, I would be very reluctant to take such a case [i would be willing to write a letter to the other attorney and do some follow up for maybe $200] and I doubt you will find any attorney willing to handle the case at $65 pe hour. A very recent law school graduate or someone still in law school might be willing to help at that price.ahrge

Just to clarify one point, someone still in law school can not charge for legal advice unless they are being supervised by an attorney. Also, I did not proof read my prior response.

An attorney fee agreement is required to be in writing if it is reasonably foreseeable that the total expense to the client will exceed $1,000. (Bus. & Prof. Code, sect. 6148, subd. (a).) The written agreement must include the basis of comepnsation, the general nature of legal services provided, and the responsibilities of the atotrney and the client as to the performance of the contract. There are exceptions to this requirement, but you have not provided any facts that give rise to the exceptions.

The statute does not prescribe the form or type of writing required. The statute does require, however, that the attorney provide the client with a duplicate of the contract signed by both the attorney and the client. From what you have provided, it would appear that you have an e-mail offer, and an e-mail acceptance, but not a signed written agreement. A fee agreement that does not comply with the statute is voidable by the client. In such a case, the atotrney, however, is entitled to collect a "reasonable" fee for the services rendered. (Bus. & Prof. Code, sect. 6148, subd. (c).)

The immediate concern that I have is whether you have a statute of limitations that is running, or whether it ran while the attorney sat on this thing.