In our case, I am of the opinion that it has been proven that the agreement was abandoned by the parties, in a manner that obviates the need to give a formal notice of cancellation. It should be recalled that for 10 years there was no contact between the parties themselves, regarding the services that the plaintiff undertook to provide.
In the summaries of the reply on her behalf, the plaintiff claimed that she had not abandoned the agreement, and in the process emphasized the actions taken by Kotler during the life of the agreement; for example, she notes telephone inquiries, e-mails that were exchanged between Shemesh and Kotler, as well as the fact that draft pleadings were forwarded to him for his review (section 6). With all due respect, all of the above cannot be regarded as actions that meet the type of actions that the plaintiff was required and undertook to perform under the agreement. It should also be noted that this claim contradicts Kotler's testimony, according to which his treatment ended with the signing of the agreement.
It should also be said that Kotler's testimony indicates that he had no intention of taking any action after the agreement was signed. Kotler testified several times that with the signing of the agreement, his role in handling the defendant's case ended, and according to him, this is what it was intended to be from the outset. "I finished on the day the agreement was signed" (p. 110, line 26) "The defendant knew very well, from the very beginning, that my work, which required a great deal of effort, was done at the preliminary stage, and that with the signing of the agreement with her, and especially at the same time as the signing of the agreement with the lawyer who was actually chosen to represent her in a legal proceeding, the plaintiff no longer has a role but is waiting for the results of the proceeding." (Paragraph 31 of the affidavit). The plaintiff reiterated in her summaries that this also happened in practice when the treatment began immediately as a legal treatment (section 45).