I signed an retainer agreement to hired a attorney to handle my consumer fraud (auto) case, since then I haven't recieved an reply from my attorney but the car dealership was willing to cancel the contract and return my vehicle I traded in. I have tried contacting my lawyer but no response due to it's on a weekend.
What should I do?
You don't indicate when the dealership offered to cancel the contract and return your trade in. Presumably in was within the last day or so? It would be reasonable to ask the dealership to contact your lawyer on Monday to finalize the settlement.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
How do you know the dealer wants to cancel? Most attys in this area will ask dealer to only speak with their offices.
How does the dealer know you are going after it with counsel? Likely a letter has been drafted and sent for you. If so, it sounds like dealer is trying to go around the attorney and settle directly with you, costing the atty money/time for making this happen.
I'd recommend that you give counsel another try via email, phone and fax and update your attorney on what is going on.
Definitely attempt to reach your attorney. If you settle with the dealership without the involvement of your attorney, you may be in breach of your retainer agreement and then responsible to pay for your attorneys fees and costs. It sounds like the car dealership is trying to settle your claim without involving your attorney (possibly so that the dealership will not have to pay any legal fees). Since you hired a lawyer to represent you, you should make great effort to have your lawyer involved.