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.
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.
Please note that this answer is not intended to serve as legal advice for any purpose. All legal advice rendered by Kurzon LLP is done pursuant to a validly executed engagement letter signed by a partner of the firm. Neither receipt of information presented on this site nor any email or other electronic communication sent to Kurzon LLP or its lawyers through this website will create an attorney-client relationship. As well, no such email or communication will be treated as confidential except as is required by law. No user of this website should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Kurzon LLP expressly disclaims liability with respect to actions taken or not taken based on the contents of this website. Under the New York Rules of Professional Conduct, Section 7.1, portions of this website may be considered attorney advertising. ============================================================================== IRS Circular 230 Disclosure: U.S. federal tax advice in the foregoing message from Kurzon LLP is not intended or written to be, and cannot be used, by any person for the purpose of avoiding tax penalties that may be imposed regarding the transactions or matters addressed. Some of that advice may have been written to support the promotion or marketing of the transactions or matters addressed within the meaning of IRS Circular 230, in which case you should seek advice based on your particular circumstances from an independent tax advisor. ==============================================================================