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I dismissed my attorney ...how do I get my retainer back? He ignored my request for a detailed statement and didn't even reply.
I dismissed my attorney for not vehemently handling my case among other reasons after trying to work with him in various ways.
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Thanks for your responses so far. I havent included too many details as I don't want to air specifics in a public forum, so forgive my vague description. I can tell you that I have done as Mr. Young suggested, unless there is some "official" way I'm unaware of. Is a fax or certified letter required? Maybe I should cc the bar. The attorney never billed me as I paid him more than he worked on already, and he has kept it. I was a plantiff and hired this person based what he said to me that he would do and be able to do, not expectations of outcome. The written agreement appears standard and non-specific but he did not do as we initially agreed upon. I'll use the word zealous rather than vehement, but basically, he didn't care, postponed, threw things back at me to do, copy, research, etc. and so I therefore I realized he wasn't doing what I hired him for, and he only put in about 2 hours work over a period of more than 3 months. Attorney answers (4)
Reputation Level 8
Answered over 2 years ago.
Employment / Labor Attorney in Whittier, CA.
You need to officially fire him and request a refund of your retainer. You need to tell the attorney to stop working on the case and not bill you for any further time.
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Reputation Level 16
Answered over 2 years ago.
Criminal Defense Attorney in San Rafael, CA.
A meaningful answer would be easier to provide if you told us what kind of case you hired him on, what you paid and whether you had a written fee agreement. I can not offer any opinion on whether he lived up to his obligations, since I have not seen the fee agreement and know nothing about the case. But if you do not want to complain to the State Bar, and he won't negotiate with you, your only avenue to recover any part of the retainer is to sue him in small claims court. The max you can recover there is $7500, no matter what he owes you, if anything. Unless you paid him $50,000, I doubt most lawyers would get involved in trying to recover any part of the retainer, and I doubt that you did.
If you do plan to pursue the Small Claims route, you would do well to send him a written demand for a specific amount of money, and let him know that if he does not, you intend to sue in Small Claims. That being said, I have a fear that you might have had unrealistic expectations. I say that because you expected him to give you "vehement" representation. No professional lawyer does that. He proceeds by the rules and follows the law. Maybe you misunderstood what a lawyer is supposed to do, or what he CAN do? It might be wise to talk to another lawyer in some detail about the case and see if you got a raw deal or whether he just did what he was supposed to do. You might be wrong about him. 
Reputation Level 20
Answered over 2 years ago.
Criminal Defense Attorney in Chico, CA.
Instead of filing a lawsuit, you may be able to resolve the situation through arbitration.
If a client requests arbitration, the attorney must participate. A link to the State Bar's website appears below the link to my personal website. Bob Marshall Chico, CA 
Reputation Level 10
Answered over 2 years ago.
Ethics / Professional Responsibility Lawyer in Los Angeles, CA.
Since you live in the San Diego area it is probably OK for you to contact either of these two programs and ask them to help you. They have low costs programs and even have "fee waivers" if you don't have the funds to pay for the program. They can usuall shift the fees to the lawyers if you prevail--but this is not done until the end of the process.
Many times a lawyer will wake up and respond once a local bar program is involved. Do not be concerned about complaining to a bar program. That is what they are set up to handle. Here are the two local programs to consider: SAN DIEGO COUNTY BAR ASSOCIATION Fee Arbitration Program Administrator San Diego County Bar Association 1333 Seventh Avenue San Diego, CA 92101-4309 619-231-0781 http://www.sdcba.org Filing Jurisdiction Attorney's office in county or, substantial services rendered in county. Fee Waiver program. Will arbitrate with incarcerated clients. A voluntary Fee Mediation program is offered. Filing Fee 5% of amount in dispute with a $75 minimum and $5,000 maximum. Panel Size 1 if the dispute is less than $25,000 3 for disputes of $25,000 or more BAR ASSOCIATION OF NORTHERN SAN DIEGO COUNTY Fee Arbitration Program Administrator Bar Association of Northern San Diego County P.O. Box 2381 Vista, CA 92085 Voice: 760-758-5833 Filing Jurisdiction Attorney is a member or has office in North County Judicial District, or client resides in County and parties agree to binding arbitration. Offering fee dispute mediation. Filing Fee 4% of amount in dispute $25 minimum, $2,000 maximum- Panel Size 1 for $10,000 or less 3 for over $10,000 Good luck on this. Related Questions2 Attorney answers: 
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