Legal Question in Legal Ethics in California
We hired an atty in a civil matter (breach of contract/warranty matter). More than a year ago in June of 2008. Contract/Retainer with Atty was signed. Atty filed Complaint. Defendants failed to Respond and to this date Aug of 2009 our Atty has not been able to get a default judgment entered/ordered by either Clerk or the Judge. Atty now says he must restart the process of filing Complaint with the Court (What?) and also wants us to sign another contract/retainer with him. I have a feeling this attorney did something wrong with how he processed filing the complaint and can't get a default judgment for us, but is not being candid about it. Is this reasonable? Does it really take one year to get a default judgment entered or ordered by the Judge or Clerk. Do we really have to sign contract/retainer again and start all over....or are has our contract/retainer signed June of 2008 with our atty now void or cancelled? because he did not do what he was hired to do?
2 Answers from Attorneys
Why don't you go to the court and get a copy of the orders, pleadings, etc. Then take these documents to another lawyer for a second opinion.
Feel free to send me the case number by private e-mail and I'll see if I could deduce what's going on by looking at the online case index.
It's hard to say what happened since you seem to have been kept in the dark. One possibility is that the lawyer might not have served the complaint on the defendant within the time required by the court which therefore dismissed the case.
Certainly, if you have lost confidence in the attorney, you always can seek other legal assistance.
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