retainer fee

I am from New Mexico and 4 yrs ago I gave an attorney 1250.00 for a retainer fee. We never preceeded with the case and there was no paper work done at all. It was going to be a child custody case and I found out that my layer had represented my ex husband last year in a divorce case. The same one we were going to sue for full custody, and now it is in all the papers that my lawyer is retiring next year. Is there anyway that I can get my money back since there was never anything at all done?

[I AM ALWAYS LIABLE]

[QUOTE][i]Originally posted by mystreylady [/i]
[B]I am from New Mexico and 4 yrs ago I gave an attorney 1250.00 for a retainer fee. We never preceeded with the case and there was no paper work done at all. It was going to be a child custody case and I found out that my layer had represented my ex husband last year in a divorce case. The same one we were going to sue for full custody, and now it is in all the papers that my lawyer is retiring next year. Is there anyway that I can get my money back since there was never anything at all done? [/B][/QUOTE]

My response:

Sure. New Mexico has a 6 year Statute of Limitations on written contracts. Therefore, you are still within your rights to demand your unearned retainer money refund.

Write a nice, but firm letter to him, with a 10 day time limit. For his convenience, send along a stamped, self-addressed, return envelope for his check.

In the last paragraph, simply state that you "would hate to have to report this matter to the State Bar of New Mexico for further action. And, I would really hate to have to take you to Small Claims court over this matter."

IAAL