Legal Question in Legal Ethics in California
Failure to Notify Federal Court of Attorney Representation
We hired my attorney for one case and signed a retainer agreement. Our attorney then began working for us on another federal case in which we received a settlement award but had not been able to collect. Our attorney has charged us over 20,000 and now says he is not going to represent us. He says he does not have to request removal from the case from the federal court as he is not acknowledged as our attorney. I have gotten him to admit he had a conference call with the defendant's attorney and federal court clerk discussing a requst for a settlement conference. So.... what steps should our attorney have taken to notify the court he is representing us - and based on the information I have presented does the court recognize him as our attorney of record - based on your answer what steps should the attorney take to remove himself as our attorney. Also, the attorney has taken action against our writtan requests and has run up legal fees without our consent. I have also found out he is billing us for administrative tasks as he acts as his own administrative support staff - he does not have an attorney! Help please!
1 Answer from Attorneys
Re: Failure to Notify Federal Court of Attorney Representation
Did you sign a retainer agreement, and what relates to your question?
If you could e-mail, or fax, or PDF a copy of said agreement, it is easier to give you a correct answer.
Without knowing more, the answer would be that he may not have acted improperly with the federal court, but he is certainly way out of line,
Retain another attorney, and tell your old lawyer that you never authorized acting on your behalf in the second matter, and you are not going to pay.
If he persists, report him to the State Bar.
Again, easier to give an accurate answer if I knew more about a retainer, and the general status of the matter.
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