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I signed a retainer with a lawyer

New York, NY |

i signed a retainer with a lawyer that is handling my case. i paid him half of 8 and signed a contract. i dont want the lawyer no more i wan to switch. i am trying to offer him to keep 1000 and give me back 3500 because i want to switch lawyers i got a better one from my uncle. the lawyer i hired and signed a contract for didn't do anything yet but he said he did. but what is the best way to go about in this situation?

Attorney Answers 3

Posted

Without seeing your agreement and getting more facts it is impossible to know about your rights and options. If the retainer was merely an advance and the attorney has not completed any work, then you should be able to get the unearned portion back. If the retainer is considered a "true retainer" you may not get it back at all. If this is some form of partial contingency, then there are other issues.

You will need to speak with a local attorney who specializes in attorney malpractice and ethics. They can review the agreement, discuss the facts, and then determine the next steps. Good luck.

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

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Posted

You should discuss this with your new lawyer and if he/she is any good, they will be able to help you. It is the client's right to choose who represents them. You should also be able to get back unused portions of your retainer.

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Posted

Speak it over with the new lawyer, maybe he can work out something

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