How do you file a lawsuit against an attorney, if you think they have misappropriated a retainer?

Answer 1

How did they misappropriate your retainer? I don't know what state you are in, but where I live you actually have to keep track of when and where you are billing your hours. But I am guessing you don't really know what a retainer is because a lot of people don't. You give them a $5,000 retainer, lets say. That retainer is typically put into a trust account where that money can only be used for your case and billable hours. Lets say your hourly wage is $300. At the end of the month, you'll get a bill, which will say that a payment was made from your funds that are available. Once that $5,000 is gone you will either be billed and have to pay, or you will be asked to replenish the trust account. If you really need to go after an attorney if you really have a case, check with your state bar and see what you need to do. If it is true malpractice you may be able to do something, but if its just cause you don't want to pay the bill, I think it may be hard to have another attorney claim it for you. So be careful and make sure you actually have a claim.

Answer 2

A lawsuit against an attorney could be filed in the court for the criminal case and for disbarment independent of a civil case in case there is money involved. The lawyer will be indicted just like an ordinary person.

Answer 3

Do not file a law suit first. Always alert the Law Society and let them investigate. If any wrong doing is found, the lawyer will be referred to, what it's term as, the Court of 3 Judges, under the Legal Profession Act. If the outcome is in your favour, then proceed to file your law suit. You may stand a higher chance.

Answer 4

Just like you file against anyone else.

Answer 5

hire another lawyer