at what point is a lawyer become your lawyer

ptjr

New Member
Jurisdiction
California
If a lawyer accepts payment and has been over 30 days with no contract ever been written up , and supposedly looking into my case . Do I have grounds for Legal Malpractice lawsuit .
 
He's definitely your lawyer when he takes your money.

You don't have to sign a contract to have a contract.

You don't have a malpractice case. That's just plain silly at this point.

At best you might have a fee dispute if you fire him and he hasn't done anything.

By the way, have you asked him what he's been doing about your case? If not, why not? He's your lawyer, call him up and talk to him.
 
He's definitely your lawyer when he takes your money.

You don't have to sign a contract to have a contract.

You don't have a malpractice case. That's just plain silly at this point.

At best you might have a fee dispute if you fire him and he hasn't done anything.

By the way, have you asked him what he's been doing about your case? If not, why not? He's your lawyer, call him up and talk to him.
 
I have done all that , and now he is just avoiding me altogether .

Don't pay ANYONE, especially a lawyer until you've received, read, and understand a written retainer. The retainer is lawyer speak for contract.

Once someone has your money before they deliver your goods, you're likely to get screwed.
 
I have done all that , and now he is just avoiding me altogether .

Tell him he's fired and you want your money back.

He's your lawyer, he hasn't done squat for you. You probably could file a complaint with the state bar association. You probably have no reason to file a lawsuit for negligence unless he's missed a limitation date or done something else to your detriment.
 
I have fired him, and have filed acomplaint . Have asked to have money returned . The sole purpose of hiring him was to help n aid me with with a criminal matter that has been hanging over my head for far to long . The descion for me to make that choice was because I sincerely want to change my life , and the first step in doing so , I believe is taking care of criminal matter . My time frame for that was very narrow and very sensitive , all this he was made aware of , all this he took into consideration , all this he confidently accepted .
 
I have fired him, and have filed acomplaint . Have asked to have money returned . The sole purpose of hiring him was to help n aid me with with a criminal matter that has been hanging over my head for far to long . The descion for me to make that choice was because I sincerely want to change my life , and the first step in doing so , I believe is taking care of criminal matter . My time frame for that was very narrow and very sensitive , all this he was made aware of , all this he took into consideration , all this he confidently accepted .

Here's your bigger problem, mate.

A lawyer, dentist, accountant (CPA), physician, registered nurse, surgeon, etc... Are all licensed professionals.

If you retain their services, how your problem is attended to is solely up to the practitioner's professional judgment.

No lawyer I've ever met, and that includes myself ever promises a specific outcome.

I've told clients I'll do my best, work hard for the desired outcome, but I can't guarantee a not guilty verdict, or a $50,000,000 civil verdict.

I suggest you start by reading your retainer.
That's the contract your lawyer should ave given you when you gave her or him your money.

If he or she failed to provide you one, that could prove helpful to you, but not totally dispositive as regards your assertion that the lawyer failed to properly represent you.

Here's a clue as to how god your case might be.
Shop it around amongst other lawyers.
If no one wants to take your case on a contingency, your case isn't necessarily strong.
Attorney's are sharks.
If blood is in the water, one or more will appear ready to feast.
 
U have been the most best help with advise thus far , so if u don't mind there is more . So I sent him email basically saying he needs to compensate me . I get reply the next day , filled with lies . Starting off with , he drafted a non refundable retainer that I agreed on and agreed to sign . Never did I agree to contract let alone sign , because he never drafted anything . Not once have I even seen this so called contract . He mentioned he could write one up when we first met , but that's all it was . Never actually did . He even went as far as saying , I said I would sign it and send it back to him . In my texts to him I'm clearly askin to have one written up . At first I was hesitant bout pursuing a lawsuit because I really wasn't sure bout my claim . But after reading his email , and cross refrencing it with my texts to him , I am now convinced that he has crossed the boundary line . My problem is I clam up when speaking to anyone , so what comes out is not really tooken seriously and I'm sent on my wa
 
U have been the most best help with advise thus far , so if u don't mind there is more . So I sent him email basically saying he needs to compensate me . I get reply the next day , filled with lies . Starting off with , he drafted a non refundable retainer that I agreed on and agreed to sign . Never did I agree to contract let alone sign , because he never drafted anything . Not once have I even seen this so called contract . He mentioned he could write one up when we first met , but that's all it was . Never actually did . He even went as far as saying , I said I would sign it and send it back to him . In my texts to him I'm clearly askin to have one written up . At first I was hesitant bout pursuing a lawsuit because I really wasn't sure bout my claim . But after reading his email , and cross refrencing it with my texts to him , I am now convinced that he has crossed the boundary line . My problem is I clam up when speaking to anyone , so what comes out is not really tooken seriously and I'm sent on my wa


Here you go, where you can search for a lawyer:

Find a Lawyer in the Attorney Directory | TheLaw.com

You might want to seek a lawsuit, dispute resolution attorney.

Don't get too bogged down about specialty, as what you really want is a better understanding of where you stand if you do initiate a lawsuit against your attorney scalawag.

I understand about getting tongue tied.
So, take a relative you really admire, or a great friend who gets your issue and can help explain when you become shy.

As far as what you received, par for the course.
He's trying to use anything, even making it up to scare you away.
At this point, not to worry.
He's trying to fool you into thinking you can't win.
Stop communicating with him.
Let your lawyer help you.

Please let us know what you learn.
 
Here you go, where you can search for a lawyer:

Find a Lawyer in the Attorney Directory | TheLaw.com

You might want to seek a lawsuit, dispute resolution attorney.

Don't get too bogged down about specialty, as what you really want is a better understanding of where you stand if you do initiate a lawsuit against your attorney scalawag.

I understand about getting tongue tied.
So, take a relative you really admire, or a great friend who gets your issue and can help explain when you become shy.

As far as what you received, par for the course.
He's trying to use anything, even making it up to scare you away.
At this point, not to worry.
He's trying to fool you into thinking you can't win.
Stop communicating with him.
Let your lawyer help you.

Please let us know what you learn.
I really appreciate ur help . N I will keep u posted on what happens .
 
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