King V. Superior Court

Within three weeks after the conclusion of the trial, King learned of settlement negotiations that had allegedly taken place before and during the trial. Though his attorney, Bauer, supposedly had participated in them, King had allegedly never been advised of nor consulted about the negotiations. On November 30, 1982, King terminated Bauer's employment and also requested the return of his file on the Beletz partnership matter. The file was not returned. In mid-January, 1983, King, acting pro se, filed a Motion for New Trial. In that motion, he alleged that Bauer's conduct at trial and Bauer's failure to confer with him about the settlement offers had prejudiced the case against him. To obtain documentary support for this motion, King moved to compel Bauer to release his file to him. Bauer refused, stating that