Q: The attorney retained for my son knew, acknowledged my financial scenario and still took case. Out of $5000 I have paid
about 2000. I am slightly behind in payments. Yes i pay late. Yes i have made partial payments. I have text the legal assistant and texts were intercepted. She said she did not receive them. During a call with her this office mgr took phone from her and would not let us talk. This office mgr has closed me out. Says I cannot talk to anyone but him. Says,attorneys stopped working on case. Says they will not show up at next hearing. I leave messages for legal assistant, attorneys, etc. Only person calling back is this office mgr stating nobody will talk to me, meet me. He is harrassing, annoying and putting my son's case, life in jeopardy.
A:
Is the attorney also ignoring your son, the client? If your son hasn't called his attorney yet, I recommend he reach out directly.
If there's not a waiver in the file (and there should be with a third party payor), then the attorney likely wouldn't be calling you back with details about the case. The attorney would owe a duty of confidentiality to your son that cannot be waived except by your son -- even if you're the one paying the bill.
But if you're saying that the attorney isn't contacting you or your son, is non-communicative, and is not doing work on the case, that changes things a little. An attorney can withdraw for non-payment of fees. Has the attorney done that?
No attorney likes pointing out this option -- we hope that our brethren fulfill their duties and give them the benefit of the doubt. But if your attorney has just ignored you, won't work on the case, and won't transfer the case file to you so someone else can take the case, then you can reach out to the California State Bar and file a complaint against your attorney. They will investigate, and, if the facts play out, discipline the attorney.
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