i retained an attorney for $5,000.00 about a year ago. i was trying to sue someone and would have stood a good chance of winning. well, the case never made it the courthouse. the people i was trying to sue never knew that i was planning to sue them. my attorney said that my retainer account now has zero dollars in it. i don't understand how if the case was never filed with the courts. what shall i do?
2007-03-16 16:25:13 · 4 answers · asked by shun t 5 in Politics & Government ➔ Law & Ethics
my guess is that your retainer was depleted building a case. your atty has to research and obtain info, all of which costs money. your average atty these days makes 200/hr. so the 5k you gave for retainer got you 25 hours worth of work. you have to keep feeding the pony for it to go for you! legal battles dont come cheap! youll have to weigh the legal expense with the possible reward. you may be able to get your legal expenses awarded in the settlement...IF you win. im sure your attorney never filed because you havent fed the pony!
2007-03-16 18:09:50 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Get a copy of the file first. He can't refuse you that, and if he tries, report him to the bar for that. You need the copy of the file to see if there was a legitimate reason that your case would have failed. Even if there is, the attorney should have kept you abreast of the situation as it was unfolding. It may be that he really did spend enough hours working on your case to use up the retainer; sometimes the investigative process takes up a lot of time before you uncover hard proof that either makes or breaks the case. But there is still no excuse for him not to keep you informed, so you can certainly file a complaint.
I'm guessing the statute has run for your claim from the way you sound, but if not, get another attorney to evaluate your claim.
2007-03-16 16:45:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Then he was milking the file, obviously charging you for letters and phone calls, etc. (or for that matter, doing phantom work).
$5,000" was your retainer agreement. When you retained him, it is assumed you signed one. It is also assumed that you kept a copy of it, Take a look at it and see what his/her fee arrangement was. Failing same, advise him/her that you need a running account of where your money went. Tell him/her also that you need a copy of your file. (minus his/her work products)
If he/she refuses, contact your local Ethics Committee and ask for the complaint forms (I believe the same rules apply in California as here on the east coast) and file a complaint against this person. Hopefully you have records regarding all of your contacts with this attorney and what he/she told you about your case. If he/she refuses to release your file, advise him/her that you intend to file an Ethics Complaint.
That should move his/her behind.
2007-03-16 17:10:26 · answer #3 · answered by rare2findd 6 · 0⤊ 0⤋
diffently report this attorney to the bar, if nothing was done, then you need your money back. He has misrepresented hisself and needs to be held accounttable for it
2007-03-16 16:31:17 · answer #4 · answered by unforgivenevr 2 · 0⤊ 0⤋