Legal Question in Personal Injury in California
Almost two years ago, I hired an attorney to handle a personal injury case for me. I'm finding out now, he has really not done any work and just two weeks before the statute of limitations expires, his secretary emails me to say that they didn't get the billing info from the medical offices in time to prepare a demand letter so will have to file a law suit. She also mentions that the attorney is no longer the attorney of record and a new attorney will be happy to file my law suit. They have given me no information on this new attorney, nor will they tell me how much money I owe them for services to date. I finally got an email message from the original/current attorney saying that he is leaving his law practice and law completely but to let him know what I want to do. His website is down as well. I would think this would be a breach of contract and I'm not sure how to find out if I legally owe him anything. I do not believe he should go unpaid but another attorney will not take the case without knowing how much is owed to the current. My concern is the statute of limitations will pass, leaving me holding an empty bag. I only have until the 28th of this month to file. Any suggestions for me?
3 Answers from Attorneys
It depends on whether or not you signed a retainer agreement with the attorney. California law requires any contingency fee retainer agreement to be in writing and signed by the parties. You should have received a copy of any such agreement when you hired this attorney in the first place. In case you are confused, a contingency fee retainer agreement is a contract with an attorney that states he or she is to be paid out of the results of any settlement or judgment in your case, rather than up front or on an hourly basis as you go.
I highly doubt that you will be asked to pay anything to this attorney as he has pretty much abandoned you as a client. See another lawyer promptly so your complaint can be filed right away. Feel free to call me for further information.
Suggestions: go file the complaint, hire someone to do it if you don't know how. Consult with new counsel to see if you really have a case worth filing. Deal with the old attorney after you protect your statute and case.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
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