We hired an attorney for a criminal matter and gave him a $5000 retainer. He told us that it could go up more, possibly to $10000 dollars. We told him that we would not be able to pay the remainder off until January and he said that was fine. Now, apparently (I do not know how) the retainer is used up and he wants $5000 more and he said that it is due now. We told him that we would no have i until January and he said that we have to pay him now. We told him just not to do anymore work on the case and he said that it does not matter that we agreed that the case could go up to $10000, so we owe him that money even if he does not do the work on it. We've paid 5 grand, he has done work for 5 grand. We are not at all happy with his services, do we have to pay him the other 5 grand even if he has not done work on it or can we just fire him?
2007-10-30 05:24:22 · 7 answers · asked by river family 3 in Politics & Government ➔ Law & Ethics
Yes, go ahead and fire him without paying him another cent. Also, you need to request an accounting of where that previous $5000 went to make sure he actually earned all of it.
2007-10-30 06:47:29 · answer #1 · answered by Heather Mac 6 · 0⤊ 0⤋
My ditto to all the others who said you can fire your attorney. Please read the contract and see if the attorney was billing against the retainer. You should also ask for an accounting of time he has spent on the matter. Then go ahead and retain another attorney. I wouldn't worry about the other $5000. If he hasn't performed any work, he is not entitled to it (unless your contract says something different.)
If you really think he is being unfair, you can file a complaint with your local bar association.
2007-10-30 12:43:04 · answer #2 · answered by CGordo 4 · 0⤊ 0⤋
Did you sign a contract? If so read it and take it to a new attorney! But you can always fire someone. If he hasn't done the work ,it should be hard for him to get the money!
2007-10-30 12:33:05 · answer #3 · answered by Emily E 6 · 0⤊ 0⤋
Of course you can fire an attorney. Don't pay him any more money (he won't do any work without it) and notify him that he has been fired. Get a new attorney and ask the old attorney to send your file to the new attorney.
2007-10-30 12:30:42 · answer #4 · answered by xK 7 · 2⤊ 0⤋
I would definately consider fireing him. MANY attorneys are slime balls. If he pushes for the full $10,000 then I would take him to small claims court.
2007-10-30 12:28:29 · answer #5 · answered by Jeff Engr 6 · 1⤊ 0⤋
Hire a new one and have him fire the first one-
2007-10-30 12:30:19 · answer #6 · answered by boilerrat 7 · 1⤊ 0⤋
fire him
2007-10-30 12:29:14 · answer #7 · answered by Anonymous · 1⤊ 0⤋