Aliso Viejo, CA asked in Legal Malpractice for California

Q: A lawyer doesnt want to terminate retainer agreement after dismissed ,missreperent me as my lawyer aganist my will

Missinformed me during litigation "plan was denied after 24 months and he is appealing for rest" , but the plan was reinstated and in settlement they paid attorney fees. The plan just needed new medical records to verify my eglibility after 24month. No new denial or appeal, he did that to extend contract. Sent the insurance company that I am no longer represented by my attorney, and to direct all communication to me ,asked them for me my records. Insurance company advised that they're still on wait for the attorney to send a termination of representation letter. He called insurance company that he's still my lawyer and direct all payment to him and records. Got records through legal team, records confirm. Should i sent letter to both insurance/attorney that I didnot authorize him to contact the insurance company as my Attorney after terminating the contract and I understand you are waiting for termination letter from him, would this be legal? can I ask commuication to go to me

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have every right to end your legal representation whenever you decide it’s in your best interest. You can send a clear written notice to the attorney stating you have terminated the agreement and no longer authorize them to contact the insurance company on your behalf. You may also inform the insurance company that any future communications should be directed to you instead of the attorney.

It’s wise to keep copies of any notices you send to both the lawyer and the insurance company. This creates a record that you have officially withdrawn consent for the attorney to represent you. If the attorney persists in misrepresenting their role, you could consider reaching out to the state bar or a trusted resource for guidance.

You should also request any records and documents that belong to you, ensuring you have full control over your own case. Include language in your letter asking that all communications and payments be sent directly to you from this point forward. By acting promptly and documenting everything, you can protect yourself and maintain authority over your claim.

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