What is the name of your state (only U.S. law)? Florida
I paid the most incompetent lawyer a retainer and now that I've figured out that this lawyer is a loser, I'd like to get refunded my retainer... at least the portion not used. I don't have the patience to detail why I feel he was incompetent and did not represent me properly so I will stick to the main points such as often not being able to reach him, not getting my phone calls returned, and even on the day of a hearing when he was supposed to contact me prior to court to brief me, not doing so. Needless to say, I lost my case, and fired him (told him he was a terrible lawyer and I no longer wanted to be represented by him). Now after two weeks of repeated calls requesting a statement of service, I finally got one which shows a balance not used of what I paid him. At minimum I would like to get a refund of that portion. I don't remember ever signing a retainer agreement although I do remember getting one. Because he is in a different city I hired him, and dealt with him entirely by phone and email. I don't have my copy of the retainer agreement, which is why I requested a copy, and his copy does not have a signature and indicates "by phone" on the signature line. The agreement does clearly state that it is non-refundable, but because I was mis or under-represented, I want my money back or at least some of it.
What action can I take to get it back..? Any advice would be greatly appreciated.
I paid the most incompetent lawyer a retainer and now that I've figured out that this lawyer is a loser, I'd like to get refunded my retainer... at least the portion not used. I don't have the patience to detail why I feel he was incompetent and did not represent me properly so I will stick to the main points such as often not being able to reach him, not getting my phone calls returned, and even on the day of a hearing when he was supposed to contact me prior to court to brief me, not doing so. Needless to say, I lost my case, and fired him (told him he was a terrible lawyer and I no longer wanted to be represented by him). Now after two weeks of repeated calls requesting a statement of service, I finally got one which shows a balance not used of what I paid him. At minimum I would like to get a refund of that portion. I don't remember ever signing a retainer agreement although I do remember getting one. Because he is in a different city I hired him, and dealt with him entirely by phone and email. I don't have my copy of the retainer agreement, which is why I requested a copy, and his copy does not have a signature and indicates "by phone" on the signature line. The agreement does clearly state that it is non-refundable, but because I was mis or under-represented, I want my money back or at least some of it.
What action can I take to get it back..? Any advice would be greatly appreciated.