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Breach of Contract?

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vic1550

Guest
What is the name of your state? CA

A year ago I hired an attorney, who had his own law office under an agreement where I would pay a $3,500.00 retainer. The hourly rate was $200 an hour and would be deducted from the retainer. The contract states, "We will require a retainer $3,500.00 for this engagement. The retainer is nonrefundable."

A few months after, the attorney accepted a position in a different law firm. At this point there was still $1600 credit on my account from when the attorney had his own law office, and the case was still ongoing. He said that money was his to keep.

The attorney did not want to refund me the remaining balance, claiming it was nonrefundable. My question is can he do this? Isn't an assumption made when the contract is entered that the attorney will be on the case from the start to finish, and if he leaves it's a breach of contract? I believe that the only way he kept the money was if I fired him or the case was settled. Under his terms he could have worked only one hour on the case and quit. Do I have a case?
 


I AM ALWAYS LIABLE

Senior Member
vic1550 said:
What is the name of your state? CA

A year ago I hired an attorney, who had his own law office under an agreement where I would pay a $3,500.00 retainer. The hourly rate was $200 an hour and would be deducted from the retainer. The contract states, "We will require a retainer $3,500.00 for this engagement. The retainer is nonrefundable."

A few months after, the attorney accepted a position in a different law firm. At this point there was still $1600 credit on my account from when the attorney had his own law office, and the case was still ongoing. He said that money was his to keep.

The attorney did not want to refund me the remaining balance, claiming it was nonrefundable. My question is can he do this? Isn't an assumption made when the contract is entered that the attorney will be on the case from the start to finish, and if he leaves it's a breach of contract? I believe that the only way he kept the money was if I fired him or the case was settled. Under his terms he could have worked only one hour on the case and quit. Do I have a case?

My response:

Please hold your retainer agreement up to your monitor so I can read it.

IAAL
 

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