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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

Asked over 2 years ago - North Riverside, IL

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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.

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Attorney answers (1)

Erik Glen Swanson

Reputation Level 15

Answered over 2 years ago. Litigation Lawyer in Skokie, IL.

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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.

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