California | Legal Ethics
Legal Question
We hired an atty in a civil matter (breach of contract/warranty matter). More than a year ago in June of 2008. Contract/Retainer with Atty was signed. Atty filed Complaint. Defendants failed to Respond and to this date Aug of 2009 our Atty has not been able to get a default judgment entered/ordered by either Clerk or the Judge. Atty now says he must restart the process of filing Complaint with the Court (What?) and also wants us to sign another contract/retainer with him. I have a feeling this attorney did something wrong with how he processed filing the complaint and can't get a default judgment for us, but is not being candid about it. Is this reasonable? Does it really take one year to get a default judgment entered or ordered by the Judge or Clerk. Do we really have to sign contract/retainer again and start all over....or are has our contract/retainer signed June of 2008 with our atty now void or cancelled? because he did not do what he was hired to do?
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