Complaint For Intentional Interference With Attorney-Client Relationship
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Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party, causing economic harm.
Tortious interference is a common law tort allowing a claim for damages against a defendant who wrongfully interferes with the plaintiff's contractual or business relationships. See also intentional interference with contractual relations.
California courts have held that an attorney-client relationship can only be created by contract. However, the formation of an attorney-client relationship does not require an express contract; such a relationship can be formed implicitly, as evidenced by the intent and conduct of the parties.
The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.
The aggrieved party can bring a suit for tortious interference with a contract or business expectancy in many circumstances. If you believe you've been the victim of tortious interference, you should contact an experienced business and commercial lawyer to learn about your options.
The restatement of torts,2 defines liability under Tortious Interference of a contract as, "One who intentionally and improperly interferes with the performance of a contract (except a contract to marry) between another and a third person by inducing or otherwise causing the third person not to perform the contract is
The elements of a claim for tortious interference with contract are: (1) the existence of a valid contract between the plaintiff and a third party; (2) the defendant's knowledge of the contract; (3) the 'defendant's intentional procurement of the third-party's breach of the contract without justification; (4) actual
To prevail on the claim, plaintiff must prove four elements: (1) that a valid contract existed, (2) that defendant had knowledge of the contract, (3) that defendant acted intentionally and improperly, and (4) that plaintiff was injured by the defendant's actions.
First, you can hire a new attorney and ask the new attorney to contact the former attorney and inform the former attorney of his or her termination. Second, you can write a letter to the attorney informing the attorney that you are terminating the attorney client relationship.