I hired a lawyer for a custody case. My first lawyer resigned my case do to sickness. I paid my second lawyer a 3500.00 retainer
North Riverside, IL
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Posted 29 days ago in Ethics / Professional Responsibility
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I hired a lawyer for a custody case. My first lawyer resigned my case do to
sickness. I paid my second lawyer a 3500.00 retainer. He has to one court date. I asked him up front if he had a problem going up against this judge in Chicago. He respond was no i fine with him. When we went to court he complained about the judge. He complained it wasn't downtown Chicago. Have call him numous times. He doesn't return my phone calls. Myself and the mother of my son went to a meditor , and we agreed on some issues. Holidays,children care, making doctors appointments in the evening. The judge order a homestudy. My attorney wanted a third attorney to represent my son. The judge rule on a home study, he said this is a 2 yr. old children. I need to know can I get my retainer back.If I fire him. Answers (1)Erik Glen Swanson
This attorney is licensed in Illinois.
Posted 27 days ago.
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It would depend on the nature of the retainer. If it was a security retainer, that is, pre-payment for his services, then yes, you would be entitled to receive all the remaining back (less the amount properly billed by the attorney).
If, on the other hand, it was a flat-fee payment to represent you, it becomes murkier. The attorney is certainly entitled to keep a reasonable amount to pay for the services he already rendered to you, but probably cannot keep all of it. |