I am representing myself in a lawsuit with an motion hearing next week and trial in Dec. Last week, I signed a retainer with a lawyer so he could render his service to assist me now until I sign the sub form later to have him represent me in trial. I gave him $3000. This week, he refused to assist me in pro per the motion hearing. He would not render his service or give me legal advice until he was officially my lawyer. I intend to remain in pro per until trial so I cancel our contract. He returned $2000 and kept $1000 saying it was non-refundable according to our retainer agreement. Can I sue him for the money back when the retainer agreement stated that amount dispute is to be resolved with Bar Association fee dispute program? Is the contract voided due to his failure to perform?