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Statue of Frauds

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daphnesdad

Junior Member
If you have no written agreement or memorandum establishing an atty-client relationship, and your canceled check is the only marker for your retainer, can you claim statute of frauds if your relationship lasts more than a year without a written agreement?

Just wondering.

Thanks,

DD
 


seniorjudge

Senior Member
If you have no written agreement or memorandum establishing an atty-client relationship, and your canceled check is the only marker for your retainer, can you claim statute of frauds if your relationship lasts more than a year without a written agreement?

Just wondering.

Thanks,

DD
What are you asking?
 

tranquility

Senior Member
Yes and no.

The statute of frauds requires contracts which can *only* be completed in longer than a year to be in writing. Not ones which can.

Yet, most state Bar's require retainer or engagement letters to be in writing.

More facts would be necessary to advise; but for the basic question, yes, it needs to be in writing. Not for legal reasons, but for ethical ones.

What is your goal? What is it you are trying to accomplish?
 

daphnesdad

Junior Member
Statute of Frauds

<What is your goal? What is it you are trying to accomplish?>

I am suing my former attorney. One of the claims is he continued to act as my attorney after I told him to stop, unequivocally, and do no more. He performed several acts which were to the benefit of the defense, and harmful to my case -- dismissed several alter ego defendants, etc., without consultation and against my wishes.

As there was no writing to confirm my agreement with him as to representation, I was thinking maybe I could use the statute of frauds as more than a year had passed at the time I fired him.

Am I clear in my description? Thank you for the responses so far.

DD
 

seniorjudge

Senior Member
As pointed out earlier, this has nothing to do with the statute of frauds.

Now ... what did you do (say or write) that you can PROVE that you had fired the lawyer?
 

daphnesdad

Junior Member
I told him on the telephone, and in an email. I have a copy. He formally withdrew two weeks later after the damage was done.

DD
 

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