Q: I retained an attorney for $2,000 to represent me (tenant) in dispute with my land lord. Atty sent contract I signed.
My attorney and his office have not contacted me one time. My landlord threatened me with physical violence. Office did not respond to my pleas for an update. I called and emailed daily. No answers to emails. Woman answering the phone would always put me on hold, tell me Noone is available, everyone is busy, she will relay my message. Still no word.
It has been 11 days now. I asked for a refund 3 days ago, no response. What to do now?
A:
Under California law, attorneys have a professional and ethical obligation to communicate with their clients and keep them reasonably informed about the status of their case. If your attorney has failed to communicate with you despite your numerous attempts to contact them, you have several options:
1. Send a certified letter: Write a formal letter expressing your concerns and requesting a response within a specific timeframe. Send it via certified mail to ensure delivery and maintain a record.
2. File a complaint with the California State Bar: If your attorney continues to be unresponsive, you can file a complaint with the State Bar of California. They will investigate the matter and take appropriate disciplinary action if necessary.
3. Consider terminating the attorney-client relationship: If you have lost confidence in your attorney's ability to represent you effectively, you may choose to terminate their services. Send a written notice of termination and request a refund of any unearned fees.
4. Seek new representation: If your case is still ongoing, you may need to find a new attorney to represent you in the dispute with your landlord. Be sure to provide the new attorney with all relevant information and documents.
5. Small claims court: If the attorney refuses to refund your money and the amount is within the small claims court limit (generally $12,500 in California), you can file a claim against the attorney in small claims court to recover your fees.
Document all your communications (or attempted communications) with the attorney and their office, as this will be important evidence if you need to take further action. If your landlord has threatened you with physical violence, you should also consider reporting this to the police.
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