First Solo Contact with a Client.

Memo

To: The Boss
From: The Law Clerk
Subject: Summary of phone call with Client X.
Date: June 6, 2008.

I called Client X at 3:05pm on June 6, 2008. I asked her whether she had received the Substitution of Attorney form that we faxed to her earlier in the week. She indicated that she had received it and is not happy about the arrangement.

She expressed a misunderstanding of her relationship with you. She said that she requested your services and contracted with you to take her case in case Mr. HerActualLawyer "could not be there." She seems to misunderstand the arrangement that you had with Mr. HerActualLawyer. She took issue with your characterization of the relationship as "consultant" and said that her understanding is that you were/are her attorney along with Mr. HerActualLawyer.

Her misapprehension of your role in her case was further highlighted when she said she feels her case has been "disregarded" by you, and mentioned that no "papers with the court" had been filed under your name. She is in the process of trying to secure another attorney. It was not clear whether her attempts to secure alternative counsel was in response to Mr. HerActualLawyer's substitution-out or your notice to substitute out. At several points she said "I want my money back," and said she hired you "on contingency." It was unclear whether she wanted the full retainer back, or just what is left of the refund as indicated in the substitution form. I assured her if she returns the substitution form by Monday, you will promptly send her the refund. She responded by saying she needs time to find another attorney for the case management conference on Tuesday. It appeared as if she was not informed of the case management conference potentially being delayed, and without confirmation of the order, I did not feel I should apprise her of the possibility.

She indicated that she would be willing to return the substitution form upon receipt of her money. I told her that you would return the refund upon receipt of the substitution form. She said she "needs time" and should have another attorney secured by "Monday or Tuesday."

I informed her that you would have to file a motion to withdraw if she did not return the substitution form by Monday. She said she wants all the paperwork that we have from her case, and threatened to go to the State Bar if the motion to withdraw was filed before she returned the substitution form and found another attorney.

She generally and at several points expressed dissatisfaction with the current situation, and moreover seemed distraught about her son's case. The conversation ended before I could ask if she definitively had any intention of returning the substitution form by Monday.

I did not want to take liberties in clarifying Client X's above mentioned misunderstandings and at this point I am unsure of whether a direct phone call from you would do much to assuage her frustration.