I dismissed my attorney ...how do I get my retainer back? He ignored my request for a detailed statement and didn't even reply.
La Jolla, CA
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Posted 6 months ago in Ethics / Professional Responsibility
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I dismissed my attorney for not vehemently handling my case among other reasons after trying to work with him in various ways.
He ignored my request for a detailed statement and didn't even reply. How do I get my retainer back? I gave him a significant retainter and he would have made contingency as well, but he barely did any work for me. I was told to contact the state bar, but I don't want to make either one of us look bad. Any suggestions to get at least half of it back? I obviously hired the wrong lawyer but I don't have the money now to pay another upfront.
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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. Answers (4)Joe Young
This attorney is licensed in California.
Posted 6 months ago.
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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.
Brian Richard Dinday
This attorney is licensed in California.
Posted 6 months ago.
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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.
Robert Lee Marshall
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