We are also preparing a 128.7 motion and giving them a copy with a letter allowing them 21 days per the statute to dismiss their action before seeking sanctions against the attorney and his client. This particular attorney has several disciplinary actions on record with the bar for his wavering ethical practices. It appears he hasn’t gotten the message clear enough yet.
I respond to this in the midst of client frustrations since I had to take a break from being asked by a client why he is being billed for discussing his case with me. I often wonder what people are doing when they spend that half hour going over each page of their retainer agreement that explicitly explains our billing. Ugh!!!