California Personal Injury - If we never received a substitution of attorney from new counsel, the statute of limitations was 8 days prior to the new counsel sending over a representation letter and designation to the insurance company. Since we did not hear from our client nor receive a substitution of attorney, we filed a complaint. The other attorney still has not sent us a substitution or filed a MC-050. The adjuster states that new attorney sent our office a fax 8 days prior to statute as substitution. We have no record of receiving this fax and nothing has been filed nor sent to us by mail. Is a fax substitution valid? Do they need to file the MC-050? How should I proceed??
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3 Answers from Attorneys
You did the right thing filing complaint. You now have a duty to determine your clients intentions and actually obtain from new counsel the sub of attorney. Contact new attorney to follow up, preferably in writing for a record.
In addition, it probably wouldn't hurt to contact the client as well just to determine the client's intentions. However, you shouldn't be required to expend further effort to serve the summons and complaint until your representation is clarified.
Who said what and who did what is immaterial except as to filing. If someone filed a Summons and Complaint on time, the case is still alive. Work out who represents whom at your leisure. If you end up needing to hire new counsel, feel free to contact me.
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