I had used this attorney in the past...Two or three sessions I had gone to him for adviceand paid him $300.00/per hour.Then last month, I sent him two affidavits alleging violations of Texas Election laws by a city officials. I wrote him that in the past the DA had assigned such complaints to the Civil Division, which routinely dismisses them. I wrote that the Civil Division has a Conflict of Interest because they represent local officials in various matters, and that the complaint should go to the criminal division.He writes back a letter stating "NOTICE OF NON-REPRESENTATION."He keeps the affidavits and now won't answer any correspondence.In his letter he states: "Please refrain from sending me documents."Just seems bizarre to me....To me it appears that he is trying to retroactivley cancel our attorney-client relationship. I suspect that he has violated the attorney-client privledge by sharing my letter with other people. Also appears to me that he is obstructing justice by preventing the affidavits from being filed with the local DA.What should I do?
Country relating to Question: United States
State (if USA): Texas
Wrote twice to the attorney...
Thank you for the post, I am happy to assist you by answering your questions. Have you already pre-paid the attorney for services not yet rendered, or is the attorney electing not to represent you in matters for which is not yet retained?
He is electing not to represent me on matters for which he is not yet retained. So, shouldn't he send back to documents I sent him?
Yes, he should send back the documents. Because you have written twice, and I presume twice requested the return of the documents to no avail, you should consider filing a complaint with the Texas Bar Association: http://www.texasbar.com/AM/Template.cfm?Section=Complaints_Against_Your_LawyerTo not represent you and cease communication is not a violation of any kind, but refusing to return your documents in conjunction with such denial is unacceptable. Please let me know if you need additional guidance or have any follow up questions.
Thank you for your answer....
Since I had used him & paid him in the past,
and since I sent him unsolicited documents...
would my letter to him be covered under
He never declined the case, he just
mentioned some kind of unspecified
retainer...So I sent another letter asking
for an estimate of his bill & offering to send
a check, but he did not reply...
It depends. The attorney Client Privilege would attach if your prior course of dealing establishes that the attorney-client relationship endured despite no execution of a new retainer agreement. For example, if you signed one retainer agreement for a limited engagement, but subsequent matters were handled by the attorney without a new retainer being necessary,communications up to the point you received the letter from the lawyer advising that he would not represent you in this instance, those communications could be under the privilege. If in the alternative, each engagement required a new retainer agreement, then you would not have a valid basis to claim attorney-client privilege.
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