Asylum. I had a lawyer for my asylum case referred to the court and I did n't like him so I hired a different lawyer on August 2013. He did not file a motion to change the attorney till February 2014. I told him to do it faster but he was taking it easy and before changing the attorney on record he got sick and he has not responded to me since. How can I get my money back? Please help me out. I have paid him in full. If it was 500-1000 I would forget about that money but its a lot. I need a way in which I can get a money back so that I can hire a different lawyer. Can I file a case in the court? I live in Fremont. Can I file a case in Fremont? THe lawyer I paid in full in registered in Texas but practices law in California. Thanks in advance.
Start by filling a claim against him to the Texas state Bar. Make sure to have a copy of your retainer agreement and copies of communications you had with that attorney.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
You may have to file a Complaint with the State Bar in Texas and/or California if the lawyer has failed to respond to a demand for a return of unearned fees.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
First look at your contract.
Second even if you file a complaint with the bar they can force the attorney to refund any money.
Third he is not and can not on his own to withdraw from your representation while your case is in court. He needs a judge to allow that.
Fourth if you have a new lawyer then that's the one who must file appearance with court first then ask the judge to allow substitution.
Fifth if you must then you can file a suite with small claims court where you are to see if a judge will grant you any relief and mKe the attorney to refund.