Legal Question in Legal Malpractice in California
Lack of communication Still our attorney or not
My husband and I hired an attorney in Ca. to represent him with his disability retirement case back in 93, he spoke with us by phone and requested papers which we sent him and we haven't heard from him since. When we sent them by return receipt requested mail, it was signed for. But since then, when we sent him letters questioning him on the status of the case, those letters were returned unaccepted. We cannot for the life of us get in touch with him. Those original letters had damaging info regarding the employer and the FAA. Could he have been using that info for his own means to an end? We need answers! The statute of limitations may run out on this case or does it? What can be done?
1 Answer from Attorneys
Contact California Bar Ass'n
Whether or not you established an attorney-client relationship with the California attorney is unclear. Regardless, your statute of limitations is running (or has run), although I don't have enough information to determine what the limitations period might be. I suspect your best course of action is to contact the California State Bar Association. If you live in Oregon, the Oregon State Bar may be able to give you information about how to contact the California Bar. It doesn't do any good to speculate about what the attorney might be doing with your letter and its information. Get the California Bar to help you. If you have been damaged by the attorney's failure to follow through on a promise he or she made to you (to represent you on your claim, for example), then you may have a malpractice claim against him. It is likely too early to know, however. Even that claim has a statute of limitations period, which starts to run once you know you have been damaged by the attorney's negligence.
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