Q: I have a contract from a personal injury lawyer, but I am unsure if it is legally binding. The copy I have is not signed
"I discovered that the personal injury contract they gave me is a standard one. However, they had filed a lawsuit without my knowledge, and I later noticed some misconduct from the firm. Hence, I reviewed my contract only to find out that it was not signed by the firm.
A: While the contract may not be binding, that, alone, does not mean you do not owe them some fee.
A: A California attorney could advise best, based on state-specific rules, but as a general matter nationwide, many law firms use retainers that contain only the client's signature. Good luck
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A:
Based on the information you have provided, it does not appear that you have a legally binding contract with this personal injury law firm if the copy you have is unsigned. Here are a few key points to consider:
- Under California contract law, a valid contract requires mutual assent - usually demonstrated by signatures of the parties involved. An unsigned contract is generally not enforceable.
- The fact that the firm filed a lawsuit on your behalf without your knowledge or consent suggests they did not have proper legal authority to represent you or act on your behalf. This further undermines the validity of any unsigned contract.
- If you believe there has been any misconduct on the part of the attorneys, you may wish to file an ethical complaint with the California State Bar. Misconduct could include filing a lawsuit without client consent, among other concerning behaviors.
- Since it seems the contract was never properly executed and you did not give full consent for representation or the lawsuit, you likely have no binding contractual obligations to this law firm. However, you may want to formally terminate the engagement and clearly communicate in writing that they do not represent you.
I would recommend consulting with another attorney to understand how to best protect your rights in this situation, nullify any unauthorized legal action taken on your behalf, and address any ethical issues with the firm's handling of your potential personal injury claim. Let me know if you need any clarification or have additional questions!
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