how do you go about getting some of your money back from a lawyer who is already paid, but the case is still pending. he filed charges against the client for disorderly conduct.
i knocked papers off his desk and he filed disorderly conduct. no vulgar language no disrespect he missed two court dates and i never received a retainer agreement and didnt sign anything. dont want a full refund just half of the money back. i sat in jail for 57 days already.
Divorce / Separation Lawyer
If the attorney is already paid and has earned his retainer, you are not entitled to a refund. If the client acted inappropriately towards the attorney, and the attorney called the police, this may be a basis to withdraw as attorney of record, but is probably not a basis for a refund.
9 lawyers agree
The job description of a criminal lawyer (or any lawyer) is set forth in the retainer agreement. One would have to know more facts before analyzing the rights to a refund. The behavior must have been pretty bad for the attorney to not just resign but file criminal charges.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
11 lawyers agree
"The job description of a criminal defense lawyer" has absolutely nothing to do with getting a refund while "the case is still pending," still less when the client apparently assaulted or otherwise interfered with the attorney.
If the attorney withdrew, as is likely, and there was still a portion of the retainer left after final billing, the client would be entitled to it. However, there is clearly far more to this than you have given us.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
11 lawyers agree
Criminal Defense Attorney
The job description of a criminal defense lawyer is as it is described in the retainer agreement that you signed. If the attorney not only withdrew from the case, but initiated a disorderly conduct charge on their client, then you must be leaving out a lot of relevant detail. Short answer, you are not likely to get a dime back!
8 lawyers agree